Ruling may invalidate New York's death sentences
ALBANY, New York (AP) -- The state's highest court ruled that a provision of New York's capital punishment statute violates the state constitution, a decision that would invalidate the sentences of all four men on the state's death row.
The Court of Appeals ruled in the case of Stephen LaValle, who was convicted and condemned to die for raping and killing a jogger in 1997. Lawyers said the ruling would apply to all four death row inmates.
In a 4-3 ruling, the court said the state's sentencing rules might unconstitutionally coerce jurors into voting for a death sentence rather than risk a deadlock by holding out for life without parole.
If a jury cannot agree on a sentence, the judge imposes a sentence of between 20 and 25 years to life, with the possibility of parole.
"The deadlock instruction gives rise to an unconstitutionally palpable risk that one or more jurors who cannot bear the thought that a defendant may walk the streets again ... will join jurors favoring death in order to avoid the deadlock sentence," the court wrote.
The judges ordered that LaValle be resentenced to life without parole or a parole-eligible sentence of between 20 and 25 years to life.
Paul Gianelli, a lawyer for death row inmate Robert Shulman, predicted his client's death sentence would be reversed. Shulman was condemned for murdering and dismembering three prostitutes in the New York City region.
The court also ruled that the death penalty cannot be used for the nine pending capital prosecutions in which death notices have been served.
Gov. George Pataki said he wanted to study the ruling before responding at length.
"It's a disappointing decision," he said.
State Senate Majority Leader Joseph Bruno said he will consult with Pataki to come up with "corrective legislation" to satisfy the objections to the death penalty law the court raised Thursday.
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