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PEOPLE v. SMITH

161 A.D.2d 1160 (1990)

The People of the State of New York, Respondent, v. Calvin Smith, Appellant

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

May 11, 1990

Judgment unanimously reversed on the law and indictment dismissed.

Memorandum:

It was error for the court to fail to sequester the jury during deliberations as required by CPL 310.10 (People v Coons, 75 N.Y.2d 796; People v Webb, 161 A.D.2d 1167 [decided herewith]). Although both defendant and his counsel consented to sending...

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