People v Harris (George)

[*1] People v Harris (George) 2009 NY Slip Op 52073(U) [25 Misc 3d 128(A)] Decided on October 14, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 14, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, Shulman, JJ
.

The People of the State of New York, Respondent, 570536/08

against

George Harris, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert M. Mendelbaum, J.), rendered February 26, 2008, after a jury trial, convicting him of criminal mischief in the fourth degree, resisting arrest, harassment in the second degree, and public consumption of alcohol, and imposing sentence.

Per Curiam.

Judgment of conviction (Robert M. Mandelbaum, J), rendered February 26, 2008, affirmed.

In a criminal case, the trial court may not provide to the jury a written copy of the court's entire charge in circumstances where the defendant objects (see People v Jones, 81 NY2d 980 [1993]; see also People v Owens, 69 NY2d 585 [1987]). Here, however, defense counsel expressly consented, prior to the commencement of trial, to the court's submission of a written copy of the charge to the jury; never withdrew that consent; and failed to voice any objection to the jury receiving a written copy of the charge. In this posture, no basis is shown to disturb the judgment of conviction (see People v Groemminger, 173 AD2d 983 [1991], lv denied 78 NY2d 966 [1991]; see generally People v Martell, 91 NY2d 782, 785 [1998] ["absent defendant's consent, it is error for the court to supply a jury with any written material containing statutory elements or terms of the charged offenses"] [emphasis added] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 14, 2009