PEOPLE v. DIAZ


145 A.D.2d 331 (1988)

The People of the State of New York, Respondent, v. Alex Diaz, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 13, 1988


It was error for the court below to have provided the jury with final written instructions comprised solely of the elements of the crimes charged without any reference to countervailing principles favorable to the defendant. (See, People v Owens, 69 N.Y.2d 585.) Defense counsel, however, did not register any objection to the court's written charge submission. Consequently, the error is subject to harmless error analysis. ...

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