PEOPLE v. WILLIAMS

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.