Opinion
December 14, 1992
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered. The facts have been considered and determined to have been established.
Viewing the evidence adduced at trial in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15; People v Althorne, 155 A.D.2d 604).
Nevertheless, the defendant is entitled to a new trial on the ground that a verdict sheet was submitted to the jury, containing portions of the indictment (see, CPL 310.30; People v Sotomayer, 79 N.Y.2d 1029; People v Nimmons, 72 N.Y.2d 830). Although the defendant did not preserve this error for appellate review (see, CPL 470.05), we are of the view that, under the particular circumstances of this case (see, People v Pymm, 188 A.D.2d 562 [decided herewith]), reversal is warranted in the exercise of our interest of justice jurisdiction (see, CPL 470.15).
We have examined the defendant's remaining arguments and find them to be without merit (see, People v Pymm, supra). Mangano, P.J., Sullivan, Balletta and Miller, JJ., concur.