PEOPLE v. ROSARIO


26 A.D.3d 206 (2006)

810 N.Y.S.2d 140

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO ROSARIO, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

February 9, 2006.


Over objection, the court gave the jury a verdict sheet containing the following counts and parenthetical annotations: (1) robbery in the first degree (forcibly steals property and when, in the course of the commission of the crime or of immediate flight therefrom, he uses or threatens the immediate use of a dangerous instrument); (2) robbery in the third degree (forcibly steals property); (3) petit larceny. On appeal, defendant argues that the verdict sheet was defective...

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