People v. McKenzie
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered April 7, 1987, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and the indictment is dismissed, without prejudice to the People to re-present any appropriate charges to another Grand Jury (see, People v Beslanovics, 57 NY2d 726); and it is further,
The defendant’s objection to the verdict sheet was untimely, having been made after the jury began deliberations (see, CPL 470.05 [2]). However, as proof of the defendant’s guilt was not overwhelming, appellate review in the interest of justice is warranted (see, People v Ranum, 122 AD2d 959, 961).
Upon such review, we find that the trial court erred in submitting to the jury a verdict sheet which included, in parentheses, indictment-like allegations with respect to each crime charged (see, CPL 310.20 [2]; People v Nimmons, 72 NY2d 830).
The jury in the instant case had not requested copies of the indictment. Further, the court gave no instruction when submitting the verdict sheet to the jury that the parenthetical matter was derived from the indictment which was an accusatory instrument with no evidentiary value (cf., People v Moore, 71 NY2d 684). Therefore, the parenthetical matter threatened to emphasize the People’s case to the exclusion of the defendant’s case (see, People v Owens, 69 NY2d 585, 591). Such error was compounded by the fact that the material combined specific factual allegations as to the elements of each crime charged. Consequently, the defendant was denied a fair trial
In light of the above decision, we do not reach the defendant’s remaining contentions. Mangano, J. P., Thompson, Brown and Kunzeman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.