People v. Vincenty
New York Court of Appeals
1Opinion of the Court
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…
2Cases cited3 opinions
- People v. WestNew York Court of Appeals · 1982
- People v. VidalNew York Court of Appeals · 1970
- People v. TownsendNew York Court of Appeals · 1986
3Cited by8 opinions
- People v. OwensNew York Court of Appeals · 1987
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1986
- People v. HarperAppellate Division of the Supreme Court of the State of New York · 2006
- People v. JoyNew York Supreme Court · 1986
- People v. HillAppellate Division of the Supreme Court of the State of New York · 1987
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