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PEOPLE v. SOTOMAYER

79 N.Y.2d 1029 (1992)

The People of the State of New York, Appellant, v. David Sotomayer, Respondent.

Court of Appeals of the State of New York.

Decided May 12, 1992.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney (Barbara Thomashower, Jay M. Cohen and Leonard Joblove of counsel), for appellant.

Carol A. Zeldin and Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and YESAWICH, JR., concur; Judge SIMONS taking no part.

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...

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