Opinion
Argued March 24, 1992
Decided May 12, 1992
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Alain Bourgeois, J.
Charles J. Hynes, District Attorney (Barbara Thomashower, Jay M. Cohen and Leonard Joblove of counsel), for appellant.
Carol A. Zeldin and Philip L. Weinstein for respondent.
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 N.Y.2d 873; People v Nimmons, 72 N.Y.2d 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 N.Y.2d 896, 898; People v Owens, 69 N.Y.2d 585, 591-592).
Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and YESAWICH, JR., concur; Judge SIMONS taking no part.
Designated pursuant to N Y Constitution, article VI, § 2.
Order affirmed in a memorandum.