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PEOPLE v. MARKS

167 A.D.2d 974 (1990)

The People of the State of New York, Respondent, v. Joseph L. Marks, Appellant

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

November 16, 1990

Judgment unanimously reversed on the law and new trial granted.

Memorandum:

The People concede that reversal is required because the deliberating jury was not "continuously kept together under the supervision of a court officer" (CPL 310.10; People v Coons, 75 N.Y.2d 796). Failure to sequester the jury during deliberations is an error which "`affect[s] the organization of the court or the mode of proceedings prescribed...

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