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PEOPLE v. RAHMAN

208 A.D.2d 775 (1994)

617 N.Y.S.2d 493

The People of the State of New York, Respondent, v. Rashid Rahman, Appellant

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

October 17, 1994

Ordered that the judgment is reversed, on the law, and a new trial is ordered; and it is further,

Ordered that the appeal from the order is dismissed as academic.

The defendant's conviction must be reversed and a new trial ordered because "the trial court erroneously granted the alternate jurors permission to dine with the 12 regular jurors after deliberations had commenced, in violation of CPL 270.30 and CPL 310.10" (People v Santana,

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