87 N.Y.2d 477 (1996)
It is reversible error for a trial court to submit a verdict sheet to the jury that contains statutory elements or terms of the charged offense without the consent of all parties, even in the absence of an objection by defense counsel.
Summary
Defendant was convicted of second-degree murder and reckless endangerment for throwing a boulder off an overpass, killing a motorist. The Appellate Division reversed the murder conviction, citing the trial court’s error in submitting a verdict sheet with parenthetical references to the elements of murder and manslaughter. The Court of Appeals affirmed, holding that providing such an annotated verdict sheet without the consent of both parties constitutes reversible error, regardless of whether defense counsel objected at trial. The Court emphasized strict compliance with CPL 310.30, which requires consent for any expanded verdict sheet.
Facts
The defendant and his accomplices threw rocks from overpasses onto cars traveling on the New York State Thruway. On one occasion, they dropped a 52-pound boulder that struck and killed a motorist. The verdict sheet in question listed “murder in the second degree” followed by the parenthetical phrase “(depraved mind murder)”. The lesser included offense was listed as “manslaughter in the second degree” followed by “(reckless manslaughter)”.
Procedural History
The defendant was convicted in the trial court. The Appellate Division modified the judgment by reversing the murder conviction, remitting for a new trial on the murder count, and otherwise affirming the judgment. The Court of Appeals granted leave to appeal and cross-appeal.
Issue(s)
Whether it is reversible error for a trial court to provide the jury with a verdict sheet containing statutory elements or terms of the charged murder offense without the consent of all parties, even if defense counsel does not object.
Holding
Yes, because CPL 310.30 demands the parties’ consent to references to statutory terms or elements on a verdict sheet. The lack of an objection does not constitute consent, and the error cannot be deemed harmless.
Court’s Reasoning
The Court strictly construed CPL 310.30, which requires the parties’ consent before a court can furnish an expanded verdict sheet with statutory terms or elements. The Court reasoned that trial counsel is best positioned to assess the usefulness or potential prejudice of such references. The Court emphasized that the jury’s role is fact-finding, not legal interpretation, quoting People v Owens, 69 N.Y.2d 585, 591 (1987): “the nature of the jury’s role is fact finding, not interpretation of the applicable legal terms.” Because the record was barren of any indication that the court presented the verdict sheet to the parties or recited its substance, defense counsel’s silence could not be construed as consent. The Court rejected the argument that the error was harmless, stating, “As any attempt to evaluate the impact of these annotations is necessarily predicated on speculation about the thought processes of the jurors, a harmless error analysis is inappropriate.”