People v. Lewis

OPINION OF THE COURT

Memorandum.

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

The trial court, in its instructions, improperly removed from the jury’s consideration all of the elements of the crimes charged except for that of identification. This error, preserved for our review by defense counsel’s timely objection, his request for curative instructions and a motion made for a mistrial, deprived defendant of a fair trial, for “[n]o matter how conclusive the evidence * * * each of the * * * fundamental facts was for the jury to pass upon” (People v Walker, 198 NY…