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People v. Gillispie

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1988
144 A.D.2d 482 (N.Y. App. Div. 1988)

Opinion

November 14, 1988

Appeal from the Supreme Court, Kings County (Krausman, J.).


Ordered that the amended judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.

We find that the trial court committed reversible error by submitting to the jury, over defense counsel's objection, a verdict sheet containing not only the crimes charged and the possible verdicts thereon (see, CPL 310.20) but also the elements of those charges (see, People v. Nimmons, 72 N.Y.2d 830; People v. Owens, 69 N.Y.2d 585). Furthermore, we note that despite the overwhelming evidence of the defendant's guilt, the error cannot be considered harmless (see, People v. Brooks, 70 N.Y.2d 896; People v. Owens, supra; People v. Valle, 143 A.D.2d 160).

We have examined the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be either unpreserved for appellate review or without merit. Kunzeman, J.P., Weinstein, Kooper and Balletta, JJ., concur.


Summaries of

People v. Gillispie

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1988
144 A.D.2d 482 (N.Y. App. Div. 1988)
Case details for

People v. Gillispie

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER GILLISPIE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 14, 1988

Citations

144 A.D.2d 482 (N.Y. App. Div. 1988)

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