PEOPLE v. COONS


75 N.Y.2d 796 (1990)

The People of the State of New York, Respondent, v. George Coons, Appellant.

Court of Appeals of the State of New York.

Decided January 11, 1990.


Attorney(s) appearing for the Case

John B. Garrity, Jr., Public Defender (Terry D. Horner of counsel), for appellant.

William V. Grady, District Attorney (Matthew G. Tice of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

The order of the Appellate Term should be reversed and a new trial ordered.

During the course of the jury deliberations, the trial court permitted the jurors to go to their homes for dinner, separately and unsupervised. CPL 310.10 provides that a deliberating jury "must be continuously kept together under the supervision of a court officer" (emphasis supplied). This section mandates the jury...

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