People v. Kinitsky

*160OPINION OF THE COURT

Bracken, J.

CPL 300.10 imposes upon the trial court in a criminal case a mandatory duty to deliver a charge to the jury containing certain required instructions. In particular, in a case where the lack of the defendant’s criminal responsibility by reason of mental disease or defect has been raised, the court is obliged to deliver a specific charge, in language prescribed in the statute, on the consequences of a verdict of not responsible by reason of mental disease or defect (CPL 300.10 [3]). We hold that the trial court’s failure to have delivered the required charge in…