People v. Percinthe — 200 A.D.2d 773

Majority

p. 773

The People of the State of New York, Respondent, v Smiths Percinthe, Appellant.

[607 NYS2d 370]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered September 5, 1991, convicting him of robbery 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 are determined to have been established.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

Reversal is required, however, based upon the court’s submission of a verdict sheet which included the words "aided” and "display” following the two counts of robbery in the

p. 774

second degree. A trial court may not give a jury a verdict sheet that, in addition to listing the counts (see, CPL 310.20 [2]), also lists some of the statutory elements of the counts (see, People v Spivey, 81 NY2d 356 ; People v Kelly, 76 NY2d 1013 ; People v Nimmons, 72 NY2d 830 ; People v Vargas [Raymond], 199 AD2d 291 ).

We find no merit to the defendant’s remaining contentions. Miller, J. P., O’Brien, Ritter and Krausman, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 773
People v. Spivey 81 NY2d 356 N.Y. 1993-06-08 p. 774
People v. Kelly 76 NY2d 1013 N.Y. 1990-12-27 p. 774
People v. Nimmons 72 NY2d 830 N.Y. 1988-06-07 p. 774