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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR VINCENTY, Appellant.

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.

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PEOPLE v. VINCENTY
(Oct 21, 1986)