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PEOPLE v. FERNANDEZ

81 N.Y.2d 1023 (1993)

616 N.E.2d 497

599 N.Y.S.2d 911

The People of the State of New York, Respondent, v. Teofilio Fernandez, Appellant.

Court of Appeals of the State of New York.

Decided June 3, 1993.

Attorney(s) appearing for the Case

Steven Statsinger, New York City, Susan Allee and Philip L. Weinstein for appellant.

Robert M. Moregenthau, District Attorney of New York County, New York City (Myles L. Orosco, Mark Dwyer and Carol A. Remer-Smith of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant claims that the trial court violated CPL 310.10 by permitting one or more jurors to attend church services during the lunch recess after the trial had entered the deliberations phase. When trial counsel learned what occurred, she moved for a mistrial, raising two objections: that she should have been consulted beforehand and that the jurors...

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