New York Court of Appeals, 1986

People v. Vincenty

People v. Vincenty
New York Court of Appeals · Decided October 21, 1986
68 N.Y.2d 899; 501 N.E.2d 587; 508 N.Y.S.2d 938; 1986 N.Y. LEXIS 20611
People v. Vincenty

Cases that cite this one

8 later published cases cite this decision.

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Opinion of the Court

OPINION OF THE COURT

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 NY2d 249, 254; People v West, 56 NY2d 662, 663). This procedure violated defendant’s right to a fair trial, and the error cannot be considered harmless (see, People v Townsend, 67 NY2d 815).

*900Chief 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 NYCRR 500.4), order reversed and a new trial ordered in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.