3 No. 92
The People &c.,
Appellant-Respondent,
v.
Daniel Edwards,
Respondent-Appellant.
_________________________________________________________________
2001 NY Int. 95
July 5, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Robin A. Forshaw, for appellant-respondent.
Joseph F. Cawley, Jr., for respondent-appellant.
New York State District Attorneys Association, amicus curić.
_________________________________________________________________
LEVINE, J.:
On May 29, 1997, defendant Daniel Edwards was indicted on one count
each of murder in the first degree (see, Penal Law
125.27(1)(a)(vi) and (b) ; L 1995, ch. 1), murder in the second degree
(Penal Law § 125.25 (1)), conspiracy in the second degree (Penal
Law § 105.15) and criminal possession of a weapon in the second degree
(Penal Law § 265.03). On January 26, 1998, the prosecution filed a
notice of intent to seek the death penalty pursuant to CPL 2).
In September 1998, County Court denied defendant's motions to suppress
oral and written statements he had made to the police, and scheduled
the trial to begin November 9, 1998. Prior to that date, the People
and counsel for defendant entered into plea negotiations and
ultimately agreed that defendant would be permitted to plead guilty to
murder in the first degree in full satisfaction of the indictment and
receive an indeterminate sentence of 25 years to life imprisonment, in
exchange for defendant's cooperation in the prosecution's case against
his codefendants. They further agreed that the prosecution would
formally withdraw the notice of intent after defendant's allocution
and offer of his guilty plea but before the court's acceptance of that
plea. After a recess, during which defendant had the opportunity to
confer once again with his counsel, defendant offered a plea of guilty
to murder in the first degree in accordance with the terms and
conditions of the plea agreement.
SNIPPETS:
New York State District Attorneys Association,
1), murder in the second degree (Penal Law § 125.25 (1)), conspiracy in the second degree and
On January 26, 1998, the prosecution filed a notice of intent to seek the death penalty
In September 1998, County Court denied defendant's motions to suppress oral and written
Prior to that date, the People and counsel for defendant entered into plea negotiations and
They further agreed that the prosecution would formally withdraw the notice of intent after
On December 22, 1998, after defendant's guilty plea had been entered but before sentencing,
Hynes came to this Court as a result of a CPLR article 78 petition in the nature of
This Court excised those provisions to avoid a constitutional infirmity under United States v
New York's death penalty statute, like the defect the Supreme Court specifically identified
County Court denied the motion, noting first that defendant did "not challenge his plea as
On appeal to the Appellate Division, defendant argued that his plea was invalid and that his
Because we agree that, under binding Supreme Court precedent, defendant's plea was not
As to the effect of the handing down of Matter of Hynes v Tomei subsequent to defendant's
the Supreme Court considered the validity of a capital offense guilty plea under the very
We conclude that defendant's alternative argument for invalidating his plea is also
Constitution,
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