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.