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People v. Sotomayer

594 N.E.2d 925, 79 N.Y.2d 1029, 584 N.Y.S.2d 431, 1992 N.Y. LEXIS 1300
CourtNew York Court of Appeals
DecidedMay 12, 1992
StatusPublished
Cited by27 cases

This text of 594 N.E.2d 925 (People v. Sotomayer) 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. Sotomayer, 594 N.E.2d 925, 79 N.Y.2d 1029, 584 N.Y.S.2d 431, 1992 N.Y. LEXIS 1300 (N.Y. 1992).

Opinion

OPINION OF THE COURT

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 CPL 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” (People v 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).

Chief Judge Wachtler and Judges Kaye, Titone, Hancock, Jr., Bellacosa and Yesawich, Jr.,

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Bluebook (online)
594 N.E.2d 925, 79 N.Y.2d 1029, 584 N.Y.S.2d 431, 1992 N.Y. LEXIS 1300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sotomayer-ny-1992.