People v. Coast, 1

• Decision Date: 10 July 1980
• Docket Number: No. 1,1
• Citation: 430 N.Y.S.2d 762,77 A.D.2d 810
• Parties: PEOPLE of the State of New York, Respondent, v. Joseph COAST, Jr., Appellant. Appeal
• Court: New York Supreme Court — Appellate Division

Page 762

430 N.Y.S.2d 762

77 A.D.2d 810

PEOPLE of the State of New York, Respondent, v. Joseph COAST, Jr., Appellant. Appeal No. 1.

Supreme Court, Appellate Division, Fourth Department.

July 10, 1980.

Joseph Coast, Jr., pro se.

Lawrence T. Kurlander, Rochester by Irene K. Dymkar, Rochester, for respondent.

Before CARDAMONE, J. P., and SIMONS, CALLAHAN, DOERR and MOULE, JJ.

MEMORANDUM:

Of the several issues raised by defendants on these appeals, only one requires comment. The record indicates that the court failed to inform defendants before summation, as the statute requires, of the counts and offenses it intended to submit to the jury (see Criminal Procedure Law, 300.10, subd. 3; 300.30, subd. 1). However, defendants were not denied their right to an effective summation because the only issue in the case was one which was the same for all counts regardless of what crimes were actually submitted to the jury, i. e., identification, and because the defendants were convicted of offenses as charged in the indictment (People v. Scott, 66 A.D.2d 861, 411 N.Y.S.2d 383; People v. Cheeks, 66 A.D.2d 1021, 411 N.Y.S.2d 736; People v. Chapman, 60 A.D.2d 584, 400 N.Y.S.2d 104; People v. Vicaretti, 54 A.D.2d 236, 388 N.Y.S.2d 410). The error, therefore, was harmless beyond a reasonable doubt.

Judgment unanimously affirmed.