Legal Opinion

People v. Dasher

Appellate Division of the Supreme Court of the State of New York

Decided May 11, 1990PublishedCited by 5 opinions

1Opinion of the Court

Judgment unanimously reversed on the law and new trial granted. Memorandum: It was error for the court to fail to sequester the jury during *1208deliberations as required by CPL 310.10 (People v Coons, 75 NY2d 796; People v Smith, 161 AD2d 1160 [decided herewith]). The procedural error claimed here has been classified as among those " 'that would affect the organization of the court or the mode of proceedings prescribed by law’ ” (People v Ahmed, 66 NY2d 307, 310, rearg denied 67 NY2d 647, quoting People v Patterson, 39 NY2d 288, 295, affd 432 US 197). Since the right protected by CPL 310.10 is of…

2Cases cited5 opinions

  1. Patterson v. New YorkSupreme Court of the United States · 1977
  2. People v. PattersonNew York Court of Appeals · 1976
  3. People v. AhmedNew York Court of Appeals · 1985
  4. People v. CoonsNew York Court of Appeals · 1990
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by5 opinions

  1. Prince v. StateCourt of Criminal Appeals of Alabama · 1993
  2. People v. D'AlviaAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. MarksAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. PaulAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1990

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