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PEOPLE v. PENA

186 Misc.2d 623 (2000)

717 N.Y.S.2d 482

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. EULOGIO PENA and IVAN CABRERRA, Defendants.

Supreme Court, Bronx County.

October 20, 2000.

Attorney(s) appearing for the Case

Legal Aid Society, Bronx (Mara Maradoff of counsel), for Eulogio Pena, defendant.

Michael Gottlieb, Bronx, for Ivan Cabrerra, defendant.

Robert T. Johnson, District Attorney of Bronx County (Sandra B. Suweidan of counsel), for plaintiff.

OPINION OF THE COURT

TROY K. WEBBER, J.

The novel question presented is whether, under certain circumstances, the court may de-sequester a jury so that the jurors may return home for the weekend where it is clear that the jury will not be able to deliberate. The court finds that under certain circumstances, with the proper safeguards, it may de-sequester a jury without consent of the defendants.

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