New York Court of Appeals

The People of the State of New York, Appellant-Respondent v. Jeffrey Damiano, Respondent-Appellant

January 16, 199687 N.Y.2d 477

Summary

The Court affirmed the Appellate Division's reversal of the murder conviction, holding that providing a jury verdict sheet that includes statutory elements or terms of the charged murder offense without the parties' consent violates CPL 310.30 and constitutes reversible error. The decision also affirmed the suppression court's finding that the defendant's statements to police were admissible. Justice Bellacosa dissented, arguing the error was harmless and the conviction should stand.