PEOPLE v. HERNANDEZ


157 A.D.2d 472 (1990)

The People of the State of New York, Respondent, v. Walter Hernandez, Appellant. The People of the State of New York, Respondent, v. Znon Szot, Also Known as Zenen Szot, Appellant

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

January 9, 1990


At the close of the first day of deliberations, defense counsel requested that the jury be brought in and instructed not to deliberate outside the jury room. Despite counsel's insistence, the Trial Justice directed a court officer to inform the jury that they were not to discuss the case among themselves until their return to court the following morning. Upon this appeal, defendants contend that the court improperly delegated a judicial function, thus depriving them of their...

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