People v. Salemmo

Murphy, J. (dissenting).

I disagree and would remand for a new trial. CPL 310.50, to the extent pertinent, provides:

‘11. The form of the verdict must be in accordance with the court’s instructions, as prescribed in article three hundred.

“2. If the jury renders a verdict which in form is not in accordance with the court’s instructions or which is otherwise legally defective, the court must explain the defect or error and must direct the jury to reconsider such verdict, to resume its deliberation for such purpose, and to render a proper verdict. If the jury persists in rendering a defective or…