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People v. Nimmons

526 N.E.2d 33, 72 N.Y.2d 830, 530 N.Y.S.2d 543, 1988 N.Y. LEXIS 1105
CourtNew York Court of Appeals
DecidedJune 7, 1988
StatusPublished
Cited by104 cases

This text of 526 N.E.2d 33 (People v. Nimmons) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Nimmons, 526 N.E.2d 33, 72 N.Y.2d 830, 530 N.Y.S.2d 543, 1988 N.Y. LEXIS 1105 (N.Y. 1988).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

At the conclusion of the trial, the Presiding Justice, sua [831]*831sponte, submitted to the jury a verdict sheet listing the various counts of the indictment and the possible verdicts for each, as he was authorized to do (see, CPL 310.20). He also submitted a second sheet, however, listing the various counts of the indictment and defining the elements of each count in statutory language. In the absence of the consent of the parties, the submission of the second sheet constituted reversible error (see, CPL 310.30; People v Sanders, 70 NY2d 837; see also, People v Brooks, 70 NY2d 896; People v Owens, 69 NY2d 585).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in memorandum.

Order reversed, etc.

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Bluebook (online)
526 N.E.2d 33, 72 N.Y.2d 830, 530 N.Y.S.2d 543, 1988 N.Y. LEXIS 1105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nimmons-ny-1988.