Opinion
April 27, 1998
Appeal from the Supreme Court, Kings County (Douglass, J.).
Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.
In the instant trial involving the defendant and a codefendant, the court erred in failing to instruct the jury to consider the evidence of guilt or innocence separately as to each individual (see, CPL 300.10; People v. Parker, 178 A.D.2d 665). This error was compounded by the failure of the trial court to properly charge accomplice liability (see, People v. Ortiz, 107 A.D.2d 824; People v. Vasquez, 104 A.D.2d 429).
In view of our decision, we do not reach the other issues raised by the defendant.
O'Brien, J.P., Santucci, Altman and Friedmann, JJ., concur.