Opinion
Argued February 14, 1973
Decided March 21, 1973
Appeal from the Supreme Court for the Ninth and Tenth Judicial Districts in the Second Judicial Department, JOHN HYLAND, J.
Alfred Olsen for appellant.
Carl A. Vergari, District Attorney ( Janet Cunard of counsel), for respondent.
Order affirmed in the following memorandum: There was overwhelming proof of guilt and the charged error was not so substantial as to warrant a new trial. We take this occasion, however, to note that extreme caution should be exercised against permitting the jury to have access to statutes or any material not received in evidence. (CPL 310.20).
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.