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PEOPLE v. LaVALLE

3 N.Y.3d 88 (2004)

817 N.E.2d 341

783 N.Y.S.2d 485

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN S. LAVALLE, Appellant.

Court of Appeals of the State of New York.

Decided June 24, 2004.

Attorney(s) appearing for the Case

Kevin M. Doyle, Capital Defender, New York City (Daniel R. Williams, Christopher Seeds and Holly Handler of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead (Michael J. Miller, Kerry Bassett and Anne E. Oh of counsel), for respondent.

Eliot Spitzer, Attorney General, New York City (Luke Martland, Peter B. Pope, Daniel Smirlock and Robin A. Forshaw of counsel), in his statutory capacity under Executive Law § 71. I.

Chief Judges KAYE and Judges CIPARICK and ROSENBLATT concur with Judge G.B. SMITH; Judge ROSENBLATT concurs in a separate concurring opinion; Judges R.S. SMITH dissents in another opinion in which Judges GRAFFEO AND READ concur.

OPINION OF THE COURT

G.B. SMITH, J.

A Suffolk County jury found defendant Stephen S. LaValle guilty of first degree murder in the course of and in furtherance of first degree rape (Penal Law § 125.27 [1] [a] [vii]) and sentenced him to death. His direct appeal comes to us from Supreme Court pursuant to our unique jurisdiction in death penalty cases (NY Const, art VI, § 3 [b]; CPL 450.70 [1]). For...

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