AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN DURANT, Appellant.

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; People v. Nimmons, 72 N.Y.2d 830; People v. Pugh, 150 A.D.2d 734; People v. McKenzie, 148 A.D.2d 472; cf., People v. Moore, 71 N.Y.2d 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 U.S. 186).

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

Use AI to get other relevant cases.

Comments

PEOPLE v. DURANT
(Aug 28, 1989)