Appellate Division of the Supreme Court of New York, 1993

People v. Caines

People v. Caines
Appellate Division of the Supreme Court of New York · Decided June 15, 1993
194 A.D.2d 405; 599 N.Y.S.2d 954; 1993 N.Y. App. Div. LEXIS 6164
People v. Caines

Opinion of the Court

—Judgment, Supreme Court, New York County (Clifford A. Scott, J.), rendered January 8, 1992, convicting defendant, after a jury trial, of criminal possession of a weapon in the second and third degrees, and sentencing him, as a second felony offender, to concurrent terms of 25 years to life and 8 years to life, respectively, unanimously reversed, on the law, and the matter remanded for a new trial.

As the People concede, it was error for the trial court, over the defendant’s objection, to submit a verdict sheet to the jury listing an element of the crimes charged, even if done to clarify the essential distinction between criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree (People v Taylor, 76 NY2d 873). Concur—Murphy, P. J., Sullivan, Milonas, Asch and Nardelli, JJ.

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