People v. Nimmons

New York Court of Appeals

Decided June 7, 1988

New York Court of Appeals · decided 1988-06-07

Cited by 5 later decisions — most recently December 2007

1 state decisions

Key passage — most relied on by later courts

“listing the various counts of the indictment and defining the elements of each count in statutory language”

quoted by 1 later decision, including People v. Damiano

Good law ✅— No negative treatment on recordhow we know

Decided 1988-06-07

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¶1OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be reversed and a new trial ordered.

¶4At the conclusion of the trial, the Presiding Justice, sua *831sponte, submitted to the jury a verdict sheet listing the various counts of the indictment and the possible verdicts for each, as he was authorized to do (see, CPL 310.20). He also submitted a second sheet, however, listing the various counts of the indictment and defining the elements of each count in statutory language. In the absence of the consent of the parties, the submission of the second sheet constituted reversible error (see, CPL 310.30; People v Sanders, 70 NY2d 837; see also, People v Brooks, 70 NY2d 896; People v Owens, 69 NY2d 585).

¶5Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in memorandum.

¶6Order reversed, etc.