People v. Prosser

Judgment unanimously reversed, on the law, count one of indictment dismissed, and new trial granted on counts three, four and five of indictment. Memorandum: After the jurors had commenced their deliberations, reversible error was committed when, in direct contravention of the court’s instructions, some of the jurors were transported to and from dinner unsupervised by court officers (see, CPL 310.10; People v Thomas, 91 AD2d 857; People v Clayborn, 50 AD2d 952).

Further, there was insufficient evidence of physical injuries to support the conviction of assault, second degree. The People failed…