People v. Ruiz

196 A.D.2d 777, 603 N.Y.S.2d 726, 1993 N.Y. App. Div. LEXIS 8855

Opinion

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered August 28, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously reversed, on the law, and the matter remanded for a new trial.

As the People concede, absent the consent of both parties, it was reversible error for the trial court to use a verdict sheet that went beyond CPL 310.20 by parenthetically commenting on specific elements of the crimes charged. (CPL 310.30; People v Taylor, 76 NY2d 873.) Concur—Murphy, P. J., Sullivan, Kupferman and Nardelli, JJ.