People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law and indictment dismissed. Memorandum: It was error for the court to fail to sequester the jury during deliberations as required by CPL 310.10 (People v Coons, 75 NY2d 796; People v Webb, 161 AD2d 1167 [decided herewith]). Although *1161both defendant and his counsel consented to sending the jurors home overnight, the requirements of CPL 310.10 cannot be waived or consented to (People v Coons, supra). The procedural error committed here is one which has been classified as among those " That would affect the organization of the court or the mode of…
2Cases cited10 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- People v. PattersonNew York Court of Appeals · 1976
- People of State of New York v. GregaNew York Court of Appeals · 1988
- People v. AhmedNew York Court of Appeals · 1985
- People v. ChurchillNew York Court of Appeals · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
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- People v. BurnettAppellate Division of the Supreme Court of the State of New York · 2003
- People v. Hong WuAppellate Division of the Supreme Court of the State of New York · 2011
- People v. D'AlviaAppellate Division of the Supreme Court of the State of New York · 1991
- People v. WieberAppellate Division of the Supreme Court of the State of New York · 1994
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