People v. Diaz

— Judgment, Supreme Court, New York County (Albert P. Williams, J.), rendered December 18, 1986, convicting defendant, after a jury trial, of robbery in the first degree (Penal Law § 160.15) and robbery in the second degree (Penal Law § 160.10), and sentencing him, as a second violent felony offender, to concurrent indeterminate prison terms of 6 to 12 years and 4 to 8 years, respectively, unanimously affirmed.

It was error for the court below to have provided the jury with final written instructions comprised solely of the elements of the crimes charged without any reference to countervailing…