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People v. Williams

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 1988
141 A.D.2d 334 (N.Y. App. Div. 1988)

Opinion

June 7, 1988

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


Criminal Term submitted written copies of portions of its oral instructions to the jury. As the People concede, the use of partial written instructions was erroneous (see, People v Owens, 69 N.Y.2d 585). Although defense counsel did not object to the court's submission of a written portion of its charge, we reverse and remand for a new trial in the interest of justice (see, People v De Long, 134 A.D.2d 199, 202), especially since the submitted portion of the charge included a burden shifting instruction on temporary innocent possession, which was the sole defense in the case.

Concur — Murphy, P.J., Sullivan, Asch, Kassal and Ellerin, JJ.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 1988
141 A.D.2d 334 (N.Y. App. Div. 1988)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMIE WILLIAMS…

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

Date published: Jun 7, 1988

Citations

141 A.D.2d 334 (N.Y. App. Div. 1988)

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