Judgment held in abeyance and matter remanded for a hearing to settle the transcript in accordance with this memorandum.
At trial, the defendant raised the defense that he was not criminally responsible for his conduct as a result of mental disease or defect (Penal Law, § 30.05). As mandated by CPL 300.10 (subd 3), the trial court was required to give the following instruction: "`A jury during its deliberations must never consider or speculate concerning matters...
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