About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

21 Touro L. Rev. 30 (2005-2006)
People v. LaValle

handle is hein.journals/touro21 and id is 42 raw text is: TOURO LAWREVIEW COURT OF APPEALS OF NEW YORK People v. LaValle' (decided June 24, 2004) Stephen LaValle was convicted of first degree murder and a jury sentenced him to death.2 On direct appeal to the New York Court of Appeals,3 LaValle argued that the deadlock instruction4 delivered to the jury prior to deliberation was unconstitutional under both the federal and state constitutions' Due Process Clauses.' Although he did not object at the time the instruction was given, LaValle had requested a ruling on the instruction prior to trial, preserving his argument for appeal.6 On appeal, the court vacated the death sentence and found the jury deadlock instruction unconstitutional under Article I, Section 6 of the New York State Constitution.' '817 N.E.2d 341 (N.Y. 2004). 2 Id. at 346. 3 Id. at 344. N.Y. CONST. art. VI, § 3 (b) which provides that the Court of Appeals has jurisdiction in criminal cases, directly from a court of original jurisdiction where the judgment is of death. 4 N.Y. CRIM. PRO. LAW. § 400.27 (10) (Consol. 2005) which reads: The court must also instruct the jury that in the event the jury fails to reach unanimous agreement with respect to the sentence, the court will sentence the defendant to a term of imprisonment with a minimum term of between twenty and twenty-five years and a maximum term of life. 5 U.S. CONST. amend. XIV states: [N]or shall any State deprive any person of life, liberty, or property, without due process of law... . N.Y. CONST. art. I, § 6 provides: No person shall be deprived of life, liberty or property without due process of law. 6LaValle, 817 N.E.2d at 357. 7Id. at 344. [Vol 21

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most