New York Court of Appeals
In the Matter of Charles J. Hynes, as District Attorney of Kings County, Respondent v. Albert Tomei, as Justice of…
December 22, 199892 N.Y.2d 613
Summary
The New York Court of Appeals held that two New York Criminal Procedure Law provisions that tie the availability of the death penalty to a jury trial violate the Fifth and Sixth Amendments under United States v. Jackson and are therefore unconstitutional. The Court severed those provisions while upholding a related provision as constitutional, and reversed the Appellate Division orders.