From Casetext: Smarter Legal Research

People v. Coast

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1980
77 A.D.2d 810 (N.Y. App. Div. 1980)

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.


Summaries of

People v. Coast

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1980
77 A.D.2d 810 (N.Y. App. Div. 1980)
Case details for

People v. Coast

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH COAST, JR.…

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

Date published: Jul 10, 1980

Citations

77 A.D.2d 810 (N.Y. App. Div. 1980)

Citing Cases

People v. Gaskins

Judgment unanimously affirmed. Same memorandum as in People v Coast ( 77 A.D.2d 810).…