People v. Westergren

Appellate Division of the Supreme Court of New York

People v. Westergren

134 A.D.2d 185, 520 N.Y.S.2d 774, 1987 N.Y. App. Div. LEXIS 50375

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 12, 1987

StatusPublished

This text of 134 A.D.2d 185 (People v. Westergren) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Westergren, 134 A.D.2d 185, 520 N.Y.S.2d 774, 1987 N.Y. App. Div. LEXIS 50375 (N.Y. Ct. App. 1987).

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Opinion

— Judgment of the Supreme Court, New York County (Albert P. Williams, J.), rendered on February 25, 1986, convicting defendant, after jury trial, of two counts of forgery in the second degree and one count of criminal possession of stolen property in the second degree and sentencing him as a second felony offender to concurrent prison terms of from 3lá to 7 years and from 2 to 4 years, respectively, is reversed, on the law, and the case remanded for a new trial.

Before jury deliberations began, the trial court, over defendant’s objection, distributed to the jurors 12 copies of a shortened version of its charge, which it stated was "the statutory [186]*186law of the case” and which it had previously read into the record. As the People concede, submission of portions of the charge in writing to the jury over objection of the defendant deprived defendant of a fair trial (People v Owens, 69 NY2d 585). Accordingly, we reverse and remand for a new trial. Concur—Sullivan, J. P., Asch, Ellerin and Smith, JJ.

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— Judgment of the Supreme Court, New York County (Albert P. Williams, J.), rendered on February 25, 1986, convicting defendant, after jury trial, of two counts of forgery in the second degree and one count of criminal possession of stolen property in the second degree and sentencing him as a second felony offender to concurrent prison terms of from 3lá to 7 years and from 2 to 4 years, respectively, is reversed, on the law, and the case remanded for a new trial.

Before jury deliberations began, the trial court, over defendant’s objection, distributed to the jurors 12 copies of a shortened version of its charge, which it stated was "the statutory [186]*186law of the case” and which it had previously read into the record. As the People concede, submission of portions of the charge in writing to the jury over objection of the defendant deprived defendant of a fair trial (People v Owens, 69 NY2d 585). Accordingly, we reverse and remand for a new trial. Concur—Sullivan, J. P., Asch, Ellerin and Smith, JJ.

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Bluebook (online)

134 A.D.2d 185, 520 N.Y.S.2d 774, 1987 N.Y. App. Div. LEXIS 50375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-westergren-nyappdiv-1987.

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