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PEOPLE v. ORDENANA

20 A.D.3d 39 (2005)

795 N.Y.S.2d 582

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MILTON ORDENANA, Appellant.

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

June 2, 2005.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Abigail Everett and Michael J.Z. Mannheimer of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Deborah L. Morse of counsel), for respondent.

BUCKLEY, P.J., NARDELLI, GONZALEZ and SWEENY, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.

In order to help assure a just and fair trial, CPL 270.40 requires that, after the jury has been sworn and before the People's opening, the court must give the jury certain preliminary instructions, including an admonition not to converse among themselves or with anyone else upon any subject connected with the trial. "Our law . . . does not permit jurors to converse among themselves...

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