Opinion
November 12, 1987
Appeal from the Supreme Court, New York County (Albert P. Williams, J.).
Before jury deliberations began, the trial court, over defendant's objection, distributed to the jurors 12 copies of a shortened version of its charge, which it stated was "the statutory law of the case" and which it had previously read into the record. As the People concede, submission of portions of the charge in writing to the jury over objection of the defendant deprived defendant of a fair trial (People v. Owens, 69 N.Y.2d 585). Accordingly, we reverse and remand for a new trial.
Concur — Sullivan, J.P., Asch, Ellerin and Smith, JJ.