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 N.Y.2d 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 A.D.2d 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.