Legal Opinion

People v. Kelly

New York Court of Appeals

Decided December 27, 1990PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s conviction for robbery in the first degree was properly reversed. It was error for the trial court to give the jury a verdict sheet, over defendant’s objection, that, in addition to listing the charged crimes, also listed some of the robbery counts’ statutory elements (People v Taylor, 76 NY2d 873; 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…

2Cases cited4 opinions

  1. People v. OwensNew York Court of Appeals · 1987
  2. People v. NimmonsNew York Court of Appeals · 1988
  3. People v. CohenNew York Court of Appeals · 1980
  4. People v. TaylorNew York Court of Appeals · 1990

3Cited by34 opinions

  1. People v. KitchingNew York Court of Appeals · 1991
  2. People v. DamianoNew York Court of Appeals · 1996
  3. People v. Baghai-KermaniNew York Court of Appeals · 1994
  4. People v. SpiveyNew York Court of Appeals · 1993
  5. People v. MillerNew York Court of Appeals · 2012

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