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1
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OPINION
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EXTRACTED KEY WORDS
NY2D APPELLANT MEMORANDUM JURY CHARGES JUDGE RESPONDENT VERDICT SHEET DETERMINATION DELIBERATING TAYLOR VERDICTS THEREON PARTIES CONSENT NIMMONS RISK DELIBERATIVE PROCESS SUPRA ULTIMATE GUILT DETERMINATION CONSIDERED HARMLESS BROOKS OWENS CHIEF JUDGE WACHTLER JUDGES KAYE TITONE HANCOCK BELLACOSA YESAWICH CONCUR JUDGE SIMONS |
THE PEOPLE &C., APPELLANT, v. DAVID SOTOMAYER, RESPONDENT.
79 N.Y.2d 1029, 594 N.E.2d 925, 584 N.Y.S.2d 431 (1992).
May 12, 1992
2 No. 58
Decided May 12, 1992
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Barbara Thomashower, for Appellant.
Carol A. Zeldin, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
It was reversible error for the trial court to submit to the jury a
verdict sheet which, in addition to enumerating the crimes charged and
possible verdicts, instructed the jury on the order in which the
charges should be considered and the effect of a determination that
the prosecution failed to disprove justification. Pursuant to Criminal
Procedure Law 310.20, a deliberating jury may be provided with a
written list itemizing the offenses charged and the possible verdicts
thereon. Without the parties' consent, it was error in this case to
submit a verdict sheet that recited more (see People v Taylor, 76 NY2d
873; People v Nimmons, 72 NY2d 830). Such an error created a risk that
the jury's deliberative process would be "unfairly skewed" (Taylor,
supra, at 874). Because the ultimate guilt determination was brought
into question, such an error cannot be considered harmless (see People
v Brooks, 70 NY2d 896, 898; People v Owens, 69 NY2d 585, 591-592).
* * * * * * * * * * * * * * * * *
Order affirmed in a memorandum. Chief Judge Wachtler and Judges Kaye,
Titone, Hancock, Bellacosa and Yesawich concur. Judge Simons took no
part.
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