9 N.Y.3d 129 (2007)

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A death sentence imposed under a statute with an unconstitutional jury deadlock instruction must be vacated, even if the specific instruction given in the case was not coercive, because the statute itself is facially unconstitutional.

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Summary

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John Taylor was convicted of multiple counts of first-degree murder and sentenced to death. The appeal centered on whether the jury deadlock instruction, required by New York’s death penalty statute, was unconstitutional as determined in People v. LaValle. Taylor argued his death sentence should be vacated because the statute, CPL 400.27 (10), created an unacceptable risk of coercing jurors. The Court of Appeals agreed, holding that the death sentence must be vacated due to the facially unconstitutional nature of the jury deadlock instruction, even though the trial judge attempted to minimize its coercive effect. The case was remitted for resentencing.

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Facts

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John Taylor and Craig Godineaux planned to rob a Wendy’s restaurant where Taylor previously worked. Taylor brought duct tape, a briefcase, and a loaded handgun. They entered the restaurant shortly before closing. Taylor spoke to the manager, Jean Auguste. After the remaining customers left, Taylor forced Auguste to open the safe, stealing about $2,400 and the surveillance video. Taylor then directed Auguste to call the employees to the basement for a meeting, where they were bound and eventually shot. Five employees died, while two survived. Taylor was apprehended and confessed to the crime, initially claiming Godineaux was the primary shooter, but later admitting that he shot Auguste and instructed Godineaux to