Ordered that the judgment is affirmed.
After the close of the evidence, but before the court charged the jury, juror number seven indicated that she wanted to attend her mother's funeral mass the following day. The defendant suggested that the court "suspend" jury deliberations so that the juror could attend the mass. By statute, however, the jury must be continuously kept together (see, CPL 310.10). Although the Court of Appeals has recently held that a defendant...
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