People v. Williams

141 A.D.2d 334, 529 N.Y.S.2d 702, 1988 N.Y. App. Div. LEXIS 6285

Opinion

Judgment of the Supreme Court, New York County (Albert P. Williams, J.), rendered April 2, 1986, convicting defendant, after jury trial, of criminal possession of a weapon in the third degree and sentencing him to a term of 3 to 6 years, is unanimously reversed, on the law, the facts and as a matter of discretion in the interest of justice, and the matter remanded to the Supreme Court for a new trial.

Criminal Term submitted written copies of portions of its oral instructions to the jury. As the People concede, the use of partial written instructions was erroneous (see, People v Owens, 69 NY2d 585). Although defense counsel did not object to the court’s submission of a written portion of its charge, we reverse and remand for a new trial in the interest of justice (see, People v De Long, 134 AD2d 199, 202), especially since the submitted portion of the charge included a burden shifting instruction on temporary innocent possession, which was the sole defense in the case. Concur — Murphy, P. J., Sullivan, Asch, Kassal and Ellerin, JJ.