People v. Soto

205 A.D.2d 467, 615 N.Y.S.2d 989, 1994 N.Y. App. Div. LEXIS 6747

Opinion

Judgment, Supreme Court, New York County (Robert Haft, J.), rendered November 14, 1990, convicting defendant, after a jury trial, of assault in the second degree, unlawful imprisonment in the first degree, and assault in the third degree, and sentencing him, as a persistent violent felony offender, to concurrent prison terms of 15 years to life, lVs to 4 years, and 1 year, respectively, unanimously reversed, on the law, and the matter remanded for a new trial.

As the People concede, the trial court’s submission of a verdict sheet, over defendant’s objection, that, in addition to listing the charged crimes, contained annotations purporting to list the charged crimes’ statutory elements, is reversible error requiring a new trial irrespective of whether defendant was actually prejudiced thereby (People v Kelly, 76 NY2d 1013). Concur—Rosenberger, J. P., Ellerin, Ross, Rubin and Nardelli, JJ.