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PEOPLE v. ANDERSON

166 A.D.2d 914 (1990)

The People of the State of New York, Respondent, v. Rufus Anderson, Appellant

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

October 5, 1990

Judgment unanimously reversed on the law and new trial granted.

Memorandum:

It was reversible error for the court to allow the deliberating jurors to spend the night at home (People v Coons, 75 N.Y.2d 796). Although both defendant and his counsel consented to sending the jurors home overnight, defendant cannot waive or consent to a violation of CPL 310.10 (People v Smith...

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