Opinion
June 30, 1987
Appeal from the Supreme Court, New York County (Frank J. Blangiardo, J.).
After delivery of its charge and during deliberations, the trial court, over strenuous objection, submitted written supplemental instructions, which contained only "sketchy outlines" of the elements of the two most serious charged offenses. The written instructions did not make any reference to any other legal principle or to any feature of the main charge favorable to defendant. This was error. (People v Owens, 69 N.Y.2d 585.) Since the error is of a type which will not withstand harmless error analysis, reversal is mandated (supra).
Concur — Kupferman, J.P., Sandler, Sullivan, Kassal and Smith, JJ.