PEOPLE v. AGRAMONTE


209 A.D.2d 707 (1994)

619 N.Y.S.2d 681

The People of the State of New York, Respondent, v. Ricardo Agramonte, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 28, 1994


Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

The defendant's conviction must be reversed and a new trial ordered because the trial court permitted the alternate jurors to dine with the 12 regular jurors after deliberations had commenced, in violation of CPL 270.30 and 310.10 (see, People v Santana, 163 A.D.2d 495, affd

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