People v. Ordenana

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 about the case until the Court tells them to begin deliberations because premature discussions can lead to a premature final decision” (CJI2d[NY] Jury Admonitions In Preliminary…