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 New York Court of Appeals affirmed the Appellate Division’s reversal of the murder conviction, holding that the trial court’s submission of a verdict sheet containing statutory elements without counsel’s consent violated CPL 310.30 and required a new trial. The Court also upheld the suppression court’s finding that the defendant’s statements to police were voluntary and admissible, and found no error in allowing the jury to inspect the boulder evidence upon request. The opinion was joined by a concurrence supporting the majority and a dissent arguing that the error was harmless and should not overturn the conviction.