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People v. Vincenty

68 N.Y.2d 899 Court N.Y. Decision date 1986-10-21 English

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p. 899
The People of the State of New York, Respondent, v Victor Vincenty, Appellant.
Decided October 21, 1986
APPEARANCES OF COUNSEL
Barry S. Stendig and Philip L. Weinstein for appellant.
Mario Merola, District Attorney (Richard E. Haftel of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

The Trial Judge distributed portions of his preliminary instructions to the jury in writing, which included a written outline of the elements of robbery in the first degree. Defendant’s objection to this procedure was preserved for this court’s review as it was sufficiently specific (see, People v Vidal, 26 NY2d 249 , 254; People v West, 56 NY2d 662 , 663). This procedure violated defendant’s right to a fair trial, and the error cannot be considered harmless (see, People v Townsend, 67 NY2d 815 ).

p. 900
Chief Judge Wachtler and Judges Meyer, Simons, Alexander, Titone and Hancock, Jr., concur; Judge Kaye taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed and a new trial ordered in a memorandum.

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