People v. Durant

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered December 16, 1986, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.

Reversal is required by the trial court’s submission, over the defendant’s objection, of a verdict sheet which included allegations mirroring the language of the indictment with respect to each crime charged (see, CPL 310.20 [2]; People v Nimmons, 72 NY2d 830 ; People v Pugh, 150 AD2d 734 ; People v McKenzie, 148 AD2d 472 ; cf., People v Moore, 71 NY2d 684 ).

Upon retrial separate trials should be granted to the defendant and codefendant to avoid a violation of the holding of Cruz v New York ( 481 US 186 ).

In light of our determination we do not reach the defendant’s remaining contentions. Kooper, J. P., Spatt, Harwood and Rosenblatt, JJ., concur.