People v. Letizia

— Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court committed reversible error when it permitted the alternate jurors to have dinner with the regular jurors after jury deliberations commenced. If the alternate and regular jurors did in fact dine together after the jury had commenced deliberations, a reversal of defendant’s conviction would be required (see, People v Eatmon, 136 AD2d 909; CPL 270.30). We are unable, however, to make that factual determination on this record. "Since the conduct which is claimed to be improper and prejudicial does not appear in…