Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered.
Although the appellant and a codefendant were tried together, the trial court failed to instruct the jury, as required by CPL 300.10 (subd 3), "to render a verdict separately and specifically * * * with respect to each defendant". That charge is mandatory whether or not it is requested by the defense. Therefore, the court's failure to so charge is not subject to harmless...
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