Opinion
Decided October 21, 1986
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, David Levy, J.
Barry S. Stendig and Philip L. Weinstein for appellant.
Mario Merola, District Attorney (Richard E. Haftel of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be reversed and a new trial ordered.
The Trial Judge distributed portions of his preliminary instructions to the jury in writing, which included a written outline of the elements of robbery in the first degree. Defendant's objection to this procedure was preserved for this court's review as it was sufficiently specific (see, People v Vidal, 26 N.Y.2d 249, 254; People v West, 56 N.Y.2d 662, 663). This procedure violated defendant's right to a fair trial, and the error cannot be considered harmless (see, People v Townsend, 67 N.Y.2d 815).
Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur; Judge KAYE taking no part.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed and a new trial ordered in a memorandum.