People v. Rodriguez

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Calabretta, J.), rendered January 5, 1988, convicting him of rape in the third degree, attempted sodomy in the third degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered before a different Judge. No questions of fact have been raised or considered.

In concluding its jury instructions, the court presented the jury with a verdict sheet which contained selected elements of the crimes charged and factual…