PEOPLE v. EATMON


136 A.D.2d 909 (1988)

The People of the State of New York, Respondent, v. Gregory C. Eatmon, Appellant

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

January 29, 1988


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

The court erred in permitting the alternate juror to attend lunch with the regular jurors after the jury had commenced deliberations. That action was in direct contravention of the statutory mandate that after the jury has retired to deliberate, the court must direct the alternate jurors not to discuss the case and must further "direct that they be kept separate and apart from the...

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