Summary
New York's Court of Appeals upheld its 2004 People v. LaValle decision that a jury instruction that was a part New York's sentencing scheme was invalid because the instruction might influence a jury to recommend the death sentence instead of deadlocking. Under the New York scheme, a deadlocked jury would allow the judge to sentence the defendant to 20 to 25 years with the possibility of parole. Before his trial, Taylor challenged the sentencing scheme. Taylor had been convicted for the robbery of a Wendy's franchise in Flushing, New York and the murder of five Wendy's employees in 2000. Taylor was sentenced to death under the New York death penalty law that required the challenged instruction. On appeal to the New York Court of Appeals the Criminal Justice Legal Foundation argue that New York's entire death penalty scheme should not be overturned because of one jury instruction. CJLF argued the Court of Appeals should give effect to the Legislature's intent, and remove the improper instruction while leaving the other provisions of New York's death penalty statute in place. CJLF argued the New York law contained a severability provision for the purpose of allowing constitutional provisions to remain in effect while striking any unconstitutional provisions. The New York Court of Appeals disagreed. The Court found the jury instruction to be "inextricably interwoven with the sentencing procedure and necessary to effectuate the legislature's intent." The Court held the death penalty sentencing statute to be unconstitutional on its face and vacated Taylor's death sentence. Taylor's case was remitted for resentencing. [CJLF brief in PDF.]
