People v. Ruiz

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1993-09-30
Citations: 196 A.D.2d 777, 603 N.Y.S.2d 726, 1993 N.Y. App. Div. LEXIS 8855
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Lead Opinion

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered August 28, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously reversed, on the law, and the matter remanded for a new trial.

As the People concede, absent the consent of both parties, it was reversible error for the trial court to use a verdict sheet that went beyond CPL 310.20 by parenthetically commenting on specific elements of the crimes charged. (CPL 310.30; People v Taylor, 76 NY2d 873.) Concur—Murphy, P. J., Sullivan, Kupferman and Nardelli, JJ.

People v. Ruiz - Case Law