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People v. Nimmons

Court of Appeals of the State of New York
Jun 7, 1988
72 N.Y.2d 830 (N.Y. 1988)

Summary

In Nimmons, it was not necessary to mention in the verdict sheet any of the statutory elements of the crime because, unlike the facts in this case, there were no multiple counts of the same crime involving the same victims.

Summary of this case from People v. Campbell

Opinion

Argued May 26, 1988

Decided June 7, 1988

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Julius Vinik, J.

David J. Wukitsch for appellant.

Elizabeth Holtzman, District Attorney (Leonard Joblove and Barbara D. Underwood of counsel), for respondent.


MEMORANDUM.

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

At the conclusion of the trial, the Presiding Justice, sua sponte, 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 N.Y.2d 837; see also, People v Brooks, 70 N.Y.2d 896; People v Owens, 69 N.Y.2d 585).

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

Order reversed, etc.


Summaries of

People v. Nimmons

Court of Appeals of the State of New York
Jun 7, 1988
72 N.Y.2d 830 (N.Y. 1988)

In Nimmons, it was not necessary to mention in the verdict sheet any of the statutory elements of the crime because, unlike the facts in this case, there were no multiple counts of the same crime involving the same victims.

Summary of this case from People v. Campbell
Case details for

People v. Nimmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEE NIMMONS, Appellant

Court:Court of Appeals of the State of New York

Date published: Jun 7, 1988

Citations

72 N.Y.2d 830 (N.Y. 1988)
530 N.Y.S.2d 543
526 N.E.2d 33

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