98 N.Y.2d 342 (2002)
Due process protections in non-capital sentencing require that the defendant not be sentenced based on materially untrue facts or misinformation, and that the defendant has an opportunity to respond to information relied upon by the court.
Summary
The defendant challenged New York’s sentencing procedures for non-capital first-degree murder, arguing they violated due process by not providing a separate sentencing hearing to present mitigating factors. The Court of Appeals affirmed the conviction, holding that due process in non-capital cases only requires that the sentencing court rely on reliable and accurate information and that the defendant has an opportunity to respond. New York’s sentencing scheme, with its presentence investigations and opportunities for statements from both sides, satisfies these requirements, distinguishing it from the heightened standards in capital cases.
Facts
The defendant was convicted of first-degree murder and robbery for the killing of a taxi driver. Prior to his arrest, police were investigating the robbery and beating of another taxi driver with a hammer. The murder victim was shot and killed with a .25 caliber handgun. After an informant implicated the defendant in both crimes, the police located the defendant. During questioning, the defendant made oral and written statements implicating himself in the crimes. A search warrant led to the discovery of the murder weapon and the victim’s wallet at the defendant’s residence.
Procedural History
The defendant was indicted for first-degree murder, second-degree murder, and first-degree robbery. The People initially filed notice of intent to seek the death penalty, but later withdrew it. The County Court sentenced the defendant to life without parole for murder and 12 1/2 to 25 years for robbery. The Appellate Division affirmed the conviction, rejecting the defendant’s due process and equal protection claims.
Issue(s)
Whether New York’s sentencing procedures for non-capital first-degree murder, as codified in CPL 400.27, violate the defendant’s due process rights by not providing a separate sentencing hearing where the defendant can present mitigating factors.
Holding
No, because due process in a non-capital case requires only that the offender not be sentenced based on materially untrue facts or misinformation, and that the defendant has an opportunity to respond to the facts upon which the court may base its decision.
Court’s Reasoning
The Court distinguished between capital and non-capital cases, noting that the death penalty is qualitatively different, requiring heightened due process standards to prevent arbitrary imposition. In non-capital cases, due process is satisfied as long as the sentencing court relies on reliable and accurate information and the defendant has an opportunity to respond. New York’s Criminal Procedure Law mandates a presentence investigation report detailing the offense circumstances, the defendant’s background, and any other relevant information (CPL 390.30 [1]). Additionally, both the prosecutor and the defendant can submit written memoranda containing information pertinent to sentencing, including mitigating factors (CPL 390.40 [1]). The court must also afford the prosecutor, defense counsel, and defendant an opportunity to make a statement relevant to the sentence (CPL 380.50 [1]). These procedures ensure accuracy and provide an opportunity to respond. The Court emphasized that the defendant did not claim his sentence was based on materially untrue information, nor did he claim he lacked notice or opportunity to contest the facts. The Court cited Harmelin v. Michigan, 501 U.S. 957 (1991), underscoring that the individualized capital-sentencing doctrine does not extend to non-capital cases due to the qualitative difference between death and other penalties. As the Court stated, “[t]he penalty of death differs from all other forms of criminal punishment, not in degree but in kind. It is unique in its total irrevocability.”