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People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1989
148 A.D.2d 750 (N.Y. App. Div. 1989)

Opinion

March 27, 1989

Appeal from the Supreme Court, Queens County (Demakos, J.).


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

We find that the trial court committed reversible error by submitting to the jury, over defense counsel's objections, a verdict sheet which listed not only the crimes charged and the possible verdicts thereon (see, CPL 310.20), but also some of the elements of those charges (see, People v. Nimmons, 72 N.Y.2d 830; People v. Testaverde, 143 A.D.2d 208; People v Gillispie, 144 A.D.2d 482). We note, moreover, that despite the overwhelming evidence of the defendant's guilt, the error in submitting such a verdict sheet cannot be considered harmless (see, People v. Brooks, 70 N.Y.2d 896; People v. Owens, 69 N.Y.2d 585; People v. Valle, 143 A.D.2d 160).

In light of the foregoing disposition, the defendant's remaining contentions need not be addressed. Brown, J.P., Eiber, Sullivan and Harwood, JJ., concur.


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1989
148 A.D.2d 750 (N.Y. App. Div. 1989)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE JACKSON…

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

Date published: Mar 27, 1989

Citations

148 A.D.2d 750 (N.Y. App. Div. 1989)
539 N.Y.S.2d 482

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