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PEOPLE v. OCASIO

Appellate Division of the Supreme Court of New York, First Department.
May 29, 1990

Absent the defendant's consent, copies of statutory material may not be given to the jury, even in response to a request from the jury. It is now well established that a violation of this rule, as is the case here, requires reversal irrespective of prejudice to the defendant. (People v. Nimmons, 72 N.Y.2d 830; People v. Sanders, 70 N.Y.2d 837; People v. Owens, 69 N.Y.2d 585.) As the People forthrightly concede, the conviction must be reversed and the matter remanded for a new trial.

In view of this disposition, it is unnecessary to consider the other arguments raised by defendant.

Concur — Kupferman, J.P., Sullivan, Rosenberger, Ellerin and Smith, JJ.