PEOPLE v. VINCENTY

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 N.Y.2d 249, 254; People v West, 56 N.Y.2d 662, 663). This procedure violated defendant's right to a fair trial, and the error cannot be considered harmless (see, People v Townsend, 67 N.Y.2d 815).

Chief 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 N.Y.CRR 500.4), order reversed and a new trial ordered in a memorandum.