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People v. Ross

230 A.D.2d 924, 646 N.Y.S.2d 638, 1996 N.Y. App. Div. LEXIS 8665
Appellate Division of the Supreme Court of the State of New York·Decided August 26, 1996·Published·Cited by 5 cases

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered September 12, 1994, convicting him of murder in the second degree (three counts) and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the matter is remitted to the Supreme Court, Kings County, for a reconstruction hearing and report in accordance herewith and the appeal is held in abeyance in the interim. The Supreme Court shall issue its report with all convenient speed.

A reconstruction hearing is necessary to determine whether the defense counsel consented to certain parenthetical phrases contained in the verdict sheet (see, People v Damiano, 87 NY2d 477).

We reach no other issues at this time.

Rosenblatt, J. P., Ritter, Copertino and Florio, JJ., concur.

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People v. Ross, 230 A.D.2d 924, 646 N.Y.S.2d 638, 1996 N.Y. App. Div. LEXIS 8665 (N.Y. Ct. App. 1996).

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