Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant was deprived of his right to a fair trial. CPL 310.20 (1) provides, "[u]pon retiring to deliberate, the jurors may take with them: ... Any exhibits received in evidence at the trial which the court, after according the parties an opportunity to be heard upon the matter, in its discretion permits them to take." Here, the defendant's written statement was admitted into evidence...
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