Majority
p. 680The People of the State of New York, Respondent, v. Robert D. Lyon, Appellant. Argued February 14, 1973; decided March 21, 1973.
Alfred Olsen for appellant.
Carl A. Vergari, District Attorney (Janet Gunard of counsel), for respondent.
Order affirmed in the following memorandum: There was overwhelming proof of guilt and the charged error was not so substantial as to warrant a new trial. We take this occasion, however, to note that extreme caution should be exercised against permitting the jury to have access to statutes or any material not received in evidence. (CPL 310.20).
p. 681
■ Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler.