Opinion
July 10, 1980
Appeal from the Monroe Supreme Court.
Present — Cardamone, J.P., Simons, Callahan, Doerr and Moule, JJ.
Judgment unanimously affirmed. Memorandum: Of the several issues raised by defendants on these appeals, only one requires comment. The record indicates that the court failed to inform defendants before summation, as the statute requires, of the counts and offenses it intended to submit to the jury (see CPL 300.10, subd 3; 300.30, subd 1). However, defendants were not denied their right to an effective summation because the only issue in the case was one which was the same for all counts regardless of what crimes were actually submitted to the jury, i.e., identification, and because the defendants were convicted of offenses as charged in the indictment (People v. Scott, 66 A.D.2d 861; People v. Cheeks, 66 A.D.2d 1021; People v. Chapman, 60 A.D.2d 584; People v. Vicaretti, 54 A.D.2d 236). The error, therefore, was harmless beyond a reasonable doubt.