People v. Damiano

A theoretical flaw on the written "statement of charges” given by the Trial Judge to help the jury sort out its verdict choices in this case is allowed to nullify an otherwise fair trial that resulted in a valid murder conviction. Defendant Damiano does not deserve a new *491trial, and the law of the State of New York on verdict sheets should not compel this miscarriage of justice.

The Trial Judge exhibited a keen awareness of the limitations of the rules governing materials that can be given to assist a deliberating jury. He openly expressed his inability to give the jury helpful written material…