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People v. Sotomayer

The People of the State of New York v. David Sotomayer

People v. Sotomayer, 594 N.E.2d 925 (N.Y. 1992)
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Court
New York Court of Appeals · State Highest Courts
Decided
May 12, 1992
Citations
594 N.E.2d 92579 N.Y.2d 1029584 N.Y.S.2d 4311992 N.Y. LEXIS 1300
Cited by 24

Opinion of the Court

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OPINION OF THE COURT

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 NY2d 873 ; People v Nimmons, 72 NY2d 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 NY2d 896, 898 ; People v Owens, 69 NY2d 585, 591-592 ).

Chief Judge Wachtler and Judges Kaye, Titone, Hancock, Jr., Bellacosa and Yesawich, Jr., * concur; Judge Simons taking no part.

Order affirmed in a memorandum.

Designated pursuant to NY Constitution, article VI, § 2.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 24 cases

View all citing references →
1992: 61993: 51994: 41995: 31996: 11997: 11998: 22010: 12012: 119922026peak 1992 · 6

Relies on it most ⓘ

  1. People v. Andujar202 A.D.2d 316 (1994)
  2. People v. Damiano663 N.E.2d 607 (N.Y. 1996)
  3. People v. Cole652 N.E.2d 912 (N.Y. 1995)
  4. People v. Plummer237 A.D.2d 387 (1997)
  5. People v. Green199 A.D.2d 533 (1993)
  6. People v. Kress192 A.D.2d 722 (1993)

Most recent

  1. People v. Miller967 N.E.2d 656 (N.Y. 2012)
  2. People v. Miller73 A.D.3d 1435 (2010)
  3. People v. Martell698 N.E.2d 944 (N.Y. 1998)
  4. People v. Cardwell251 A.D.2d 342 (1998)
  5. People v. Plummer237 A.D.2d 387 (1997)
  6. People v. Damiano663 N.E.2d 607 (N.Y. 1996)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
People v. Taylor, 561 N.E.2d 882 (N.Y. 1990) 39
People v. Owens, 509 N.E.2d 314 (N.Y. 1987) 115
People v. Nimmons, 526 N.E.2d 33 (N.Y. 1988) 95
People v. Brooks, 519 N.E.2d 293 (N.Y. 1987) 20

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