People v. Eatmon

Judgment unanimously reversed on the law and new trial granted. Memorandum: The court erred in permitting the alternate juror to attend lunch with the regular jurors after the jury had commenced deliberations. That action was in direct contravention of the statutory mandate that after the jury has retired to deliberate, the court must direct the alternate jurors not to discuss the case and must further "direct that they be kept separate and apart from the regular jurors” (CPL 270.30).

The People contend that because defendant did not object to the luncheon arrangements, the issue is not…