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PEOPLE v. BELLO

82 N.Y.2d 862 (1993)

631 N.E.2d 104

609 N.Y.S.2d 162

The People of the State of New York, Respondent, v. Dwayne Bello, Appellant.

Court of Appeals of the State of New York.

Decided December 15, 1993.

Attorney(s) appearing for the Case

Robert P. Rickert, Syracuse, for appellant.

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (Gary T. Kelder of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

CPL 310.10 provides that once a jury has retired to deliberate, it "must be continuously kept together under the supervision of a court officer or court officers." In People v Webb (78 N.Y.2d 335) we held that a defendant may waive the CPL 310.10 jury sequestration requirement (id., at 340). Here,...

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