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PEOPLE v. ROSS

Appellate Division of the Supreme Court of New York, Second Department.
Aug 26, 1996

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered September 12, 1994, convicting him of murder in the second degree (three counts) and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the matter is remitted to the Supreme Court, Kings County, for a reconstruction hearing and report in accordance herewith and the appeal is held in abeyance in the interim. The Supreme Court shall issue its report with all convenient speed.

A reconstruction hearing is necessary to determine whether the defense counsel consented to certain parenthetical phrases contained in the verdict sheet (see, People v Damiano, 87 N.Y.2d 477).

We reach no other issues at this time. Rosenblatt, J.P., Ritter, Copertino and Florio, JJ., concur.