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People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Feb 2, 1988
137 A.D.2d 409 (N.Y. App. Div. 1988)

Opinion

February 2, 1988

Appeal from the Supreme Court, New York County (Albert Williams, J.).


During the trial, at the conclusion of the charge but before the jury began its deliberations, the trial court, over defendant's objection, distributed to the jurors 12 written copies of what it termed "the statutory law of the case" that it had earlier "read into the record."

As the People concede, this written submission to the jury requires reversal, in light of the clear holding of the Court of Appeals that where defense counsel objects, it is improper for a trial court, after reciting its instructions orally, to distribute only certain portions of that charge in writing to the jury for use in its deliberations. (People v Owens, 69 N.Y.2d 585. ) Accordingly, we reverse and remand for a new trial.

Concur — Asch, J.P., Rosenberger, Ellerin and Smith, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Feb 2, 1988
137 A.D.2d 409 (N.Y. App. Div. 1988)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS RODRIGUEZ, Also…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 2, 1988

Citations

137 A.D.2d 409 (N.Y. App. Div. 1988)