People v. Bello

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

CPL 310.10 provides that once a jury has retired to deliberate, it "must be continuously kept together under the supervision of a court officer or court officers.” In People v Webb (78 NY2d 335) we held that a defendant may waive the CPL 310.10 jury sequestration requirement (id., at 340). Here, defendant argues that such waivers must be made by the accused personally, and that his attorney’s waiver on the record was insufficient. We disagree.

In Webb, both the defendant and his attorney expressly agreed to…