New York Court of Appeals, 1990

People v. Taylor

New York Court of Appeals · Decided September 18, 1990

76 N.Y.2d 873; 561 N.E.2d 882; 560 N.Y.S.2d 982; 1990 N.Y. LEXIS 3134

Cases that cite this one

39 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Damiano (N.Y. 1996)
Knight v. Walsh (District Court, W.D. New York 2007)
State v. Covert (S.C. Ct. App. 2006)
Anderson v. Keane (District Court, S.D. New York 2003)
People v. Campbell (Appellate Division of the Supreme Court of New York 1991)
People v. Miller (N.Y. 2012)
People v. Herbert (Appellate Division of the Supreme Court of New York 1998)
People v. Sotomayer (N.Y. 1992)
People v. Robertson (Appellate Division of the Supreme Court of New York 1992)
People v. Sotomayer (Appellate Division of the Supreme Court of New York 1991)
People v. Kelly (N.Y. 1990)
People v. Manzano (Appellate Division of the Supreme Court of New York 2002)
People v. Phillips (Appellate Division of the Supreme Court of New York 2000)
People v. Martell (N.Y. 1998)
People v. Cardwell (Appellate Division of the Supreme Court of New York 1998)
People v. Plummer (Appellate Division of the Supreme Court of New York 1997)
People v. Angelo (N.Y. 1996)
People v. Fecunda (Appellate Division of the Supreme Court of New York 1996)
People v. Daniels (Appellate Division of the Supreme Court of New York 1996)
People v. Cole (N.Y. 1995)
People v. Clark (Appellate Division of the Supreme Court of New York 1995)
People v. Singh (Appellate Division of the Supreme Court of New York 1995)
People v. Allah (Appellate Division of the Supreme Court of New York 1994)
People v. McGuire (Appellate Division of the Supreme Court of New York 1994)
People v. Spivey (N.Y. 1993)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Unless the parties consent, it is error to submit verdict sheets that, in addition to listing the charged crimes and the possible verdicts, also list some or all of the crimes’ statutory elements (CPL 310.30; People v Nimmons, 72 NY2d 830). Since such an error creates a risk that the jury’s deliberative process will be unfairly skewed it puts in serious question the reliability of the ultimate guilt determination (see, People v Owens, 69 NY2d 585, 590-591). Accordingly, although the parties dispute whether the retroactivity analysis in People v Pepper (53 NY2d 213) or in Griffith v Kentucky (479 US 314) is controlling here, we need not decide that question because the Appellate Division’s application of the statute as interpreted by Nimmons was proper under either approach.

*875Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.