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PEOPLE v. NACEY

78 N.Y.2d 990 (1991)

The People of the State of New York, Appellant, v. Donald Nacey, Respondent.

Court of Appeals of the State of New York.

Decided September 17, 1991.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney (Michael O'Brien of counsel), for appellant.

Winston McIntosh and Philip L. Weinstein for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, and the judgment of Supreme Court, Queens County, reinstated.

We recently held that it is within the scope of a court officer's "administerial duties" (CPL 310.10) to tell deliberating jurors, at the court's direction, that they should stop deliberating because they were going to be taken to dinner and sequestered for the evening (People v Bonaparte...

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