PEOPLE v. MILLER

No. 60.

18 N.Y.3d 704 (2012)

967 N.E.2d 656

944 N.Y.S.2d 433

2012 NY Slip Op 2127

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JEFFERY H. MILLER, Respondent.

Court of Appeals of New York.

Decided March 22, 2012.


Attorney(s) appearing for the Case

Michael C. Green, District Attorney, Rochester ( Geoffrey Kaeuper, of counsel), for appellant.

Timothy P. Donaher, Public Defender, Rochester ( Drew R. DuBrin, of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and JONES concur with Judge SMITH; Judge READ dissents in a separate opinion in which Judge PIGOTT concurs.


OPINION OF THE COURT

SMITH, J.

We have held that it is reversible error, not subject to harmless error analysis, to provide a jury in a criminal case with a verdict sheet that contains annotations not authorized by CPL 310.20 (2) (see People v Spivey, 81 N.Y.2d 356, 361-362 [1993]; People v Damiano, 87 N.Y.2d 477 [1996]). The Legislature, responding to these decisions,...

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