Legal Opinion

People v. Miller

New York Court of Appeals

Decided March 22, 2012No. 60PublishedCited by 22 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

We have held that it is reversible error, not subject to harmless error analysis, to provide a jury in a criminal case with a verdict sheet that contains annotations not authorized by CPL 310.20 (2) (see People v Spivey, 81 NY2d 356, 361-362 [1993]; People v Damiano, 87 NY2d 477 [1996]). The Legislature, responding to these decisions, amended the statute to expand what is permitted in the verdict sheet, but it left the basic principle unchanged: Nothing of substance can be included that the statute does not authorize. Because that rule was violated in this case,…

2Cases cited9 opinions

  1. People v. RanghelleNew York Court of Appeals · 1986
  2. People v. DamianoNew York Court of Appeals · 1996
  3. People v. OwensNew York Court of Appeals · 1987
  4. People v. NimmonsNew York Court of Appeals · 1988
  5. People v. TaylorNew York Court of Appeals · 1990

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3Cited by22 opinions

  1. People v. LewisNew York Court of Appeals · 2014
  2. People v. TownsendAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. MaconAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. McCallumAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. WorthingtonAppellate Division of the Supreme Court of the State of New York · 2017

17 more not listed; retrieve them via the Exa API.

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