People v. Gerstner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously reversed on the law and new trial granted on counts one and two of the indictment. Memorandum: Supreme Court erred in submitting to the jury an annotated verdict sheet distinguishing the two counts charging driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]) without first permitting defense counsel to review the verdict sheet and obtaining his consent (see, People v Damiano, 87 NY2d 477, 483). Contrary to the People’s contention, “the lack of an objection to the annotated verdict sheet by defense counsel cannot be transmuted into consent” (People v…
2Cases cited10 opinions
- People of State of New York v. GregaNew York Court of Appeals · 1988
- People v. AngeloNew York Court of Appeals · 1996
- People v. FuggazzattoNew York Court of Appeals · 1984
- People v. DamianoNew York Court of Appeals · 1996
- People v. McNabAppellate Division of the Supreme Court of the State of New York · 1990
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2004
- People v. KnightAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2011
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WiseAppellate Division of the Supreme Court of the State of New York · 2008
9 more not listed; retrieve them via the Exa API.