18 N.Y.3d 704 (2012)

A verdict sheet containing annotations beyond those authorized by statute (CPL 310.20(2)) constitutes reversible error, and harmless error analysis does not apply.

Summary

Jeffery Miller was convicted of second-degree murder. The verdict sheet included the question of whether the defendant established the affirmative defense of extreme emotional disturbance by a preponderance of the evidence. Miller appealed, arguing the verdict sheet violated CPL 310.20(2). The Appellate Division reversed. The Court of Appeals affirmed, holding that including the burden of proof on the verdict sheet was an unauthorized annotation under the statute. The Court further held that the error was not subject to harmless error analysis, adhering to prior precedent in People v. Damiano despite a 1996 amendment to CPL 310.20(2). This case clarifies the limitations on verdict sheet content and reinforces the strict application of CPL 310.20(2).

Facts

Miller was charged with second-degree murder for shooting his former girlfriend. At trial, Miller requested that the jury consider the affirmative defense of extreme emotional disturbance, which, if proven, would reduce the charge to first-degree manslaughter. The trial court provided the jury with a six-page verdict sheet. On the first page, the jury was instructed to consider the extreme emotional disturbance defense only if they found Miller guilty of second-degree murder. The verdict sheet asked: “Has the Defendant established by a preponderance of the evidence that he acted under Extreme Emotional Disturbance?” Miller objected to this language.

Procedural History

The trial court convicted Miller of second-degree murder. The Appellate Division reversed and ordered a new trial, finding a violation of CPL 310.20(2) that could not be considered harmless error (People v. Miller, 73 AD3d 1435 [4th Dept 2010]). The People appealed to the Court of Appeals.

Issue(s)

Whether the inclusion of language regarding the burden of proof for the affirmative defense of extreme emotional disturbance on the verdict sheet violated CPL 310.20(2).

Whether a violation of CPL 310.20(2) is subject to harmless error analysis.

Holding

1. Yes, because the language constitutes an instruction on burden of proof, which is not authorized by CPL 310.20(2).

2. No, because the 1996 amendment to CPL 310.20(2) did not alter the established precedent that harmless error analysis is inapplicable when a verdict sheet exceeds the statutory limitations.

Court’s Reasoning

The Court of Appeals relied on its prior holdings in People v. Spivey and People v. Damiano, which established that it is reversible error to provide a jury with a verdict sheet containing unauthorized annotations. The 1996 amendment to CPL 310.20(2) permits including dates, names of complainants, or specific statutory language to distinguish between counts, but does not authorize instructions on the burden of proof. The court rejected the argument that the 1996 amendment opened the door for harmless error analysis when a verdict sheet exceeds the statutory limits. The court stated, “legislative history cannot supply something that is just not in the statute.” The court contrasted the legislative response to People v. Ranghelle, where the legislature explicitly allowed for harmless error analysis in cases involving Rosario violations. The absence of similar language in the CPL 310.20(2) amendment indicated that the legislature did not intend to alter the existing rule against harmless error analysis in verdict sheet cases. The dissenting opinion argued that the 1996 amendment was specifically intended to countermand the strict precedent established in Spivey and Damiano and that the Governor’s Approval Memorandum supported this interpretation. The dissent concluded that the error was harmless given the overwhelming evidence of Miller’s guilt and the weakness of his extreme emotional disturbance defense.