Opinion
December 8, 1988
Although the writ does not lie, we note that no New York appellate court has approved the submission of an entire written charge to a jury and, here, where the issue is novel and both sides object, it is not for a trial court to undertake such action. It ill behooves a court at nisi prius to force an issue, especially one of questionable propriety.
Concur — Sullivan, J.P., Carro, Milonas, Rosenberger and Smith, JJ.