People v. Sotomayer
Cases that cite this one
24 later published cases cite this decision.
- People v. Damiano (N.Y. 1996)
- People v. Andujar (Appellate Division of the Supreme Court of New York 1994)
- People v. Miller (N.Y. 2012)
- People v. Plummer (Appellate Division of the Supreme Court of New York 1997)
- People v. Cole (N.Y. 1995)
- People v. Kress (Appellate Division of the Supreme Court of New York 1993)
- People v. Green (Appellate Division of the Supreme Court of New York 1993)
- People v. Miller (Appellate Division of the Supreme Court of New York 2010)
- People v. Martell (N.Y. 1998)
- People v. Cardwell (Appellate Division of the Supreme Court of New York 1998)
- People v. Clark (Appellate Division of the Supreme Court of New York 1995)
- People v. Simpson (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. Duncan (Appellate Division of the Supreme Court of New York 1994)
- People v. Damiano (Appellate Division of the Supreme Court of New York 1994)
- People v. Wynn (Appellate Division of the Supreme Court of New York 1993)
- People v. Vargas (Appellate Division of the Supreme Court of New York 1993)
- People v. Albert (New York Supreme Court 1993)
- People v. Johnson (Appellate Division of the Supreme Court of New York 1992)
- People v. Chaudhry (Appellate Division of the Supreme Court of New York 1992)
- People v. Williams (Appellate Division of the Supreme Court of New York 1992)
- People v. Pymm Thermometer Corp. (Appellate Division of the Supreme Court of New York 1992)
- People v. Pymm (Appellate Division of the Supreme Court of New York 1992)
- People v. Pymm (Appellate Division of the Supreme Court of New York 1992)
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.
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.,
Order affirmed in a memorandum.
Designated pursuant to NY Constitution, article VI, § 2.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.