People v. Sotomayer

Sullivan, J.,

dissents, and votes to affirm the judgment appealed from, with the following memorandum in which Thompson, J. P., concurs. The majority concludes that reversal is mandated by the trial court’s submission to the jury, over the objections of both the defense and the prosecution, of a verdict sheet setting forth not only the counts submitted but also the methodical steps by which the jury should proceed in considering those counts. I disagree.

It is true that the trial court’s submission of the challenged instructions was not expressly authorized by statute (see, CPL 310.20 [2]).…