People v. Brooks

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the indictment dismissed with leave to the People to resubmit the count of manslaughter in the first degree if they are so advised (see, People v Mayo, 48 NY2d 245).

We recently held in People v Owens (69 NY2d 585, 587-588) that "[w]hen 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” (see, e.g., CPL 310.30 [jury may be sup*898plied with copy of actual text…