People v. Pena

*624OPINION OF THE COURT

Troy K. Webber, J.

The novel question presented is whether, under certain circumstances, the court may de-sequester a jury so that the jurors may return home for the weekend where it is clear that the jury will not be able to deliberate. The court finds that under certain circumstances, with the proper safeguards, it may de-sequester a jury without consent of the defendants.

Procedural History

Defendants were charged by indictment, inter alia, with robbery in the first degree (Penal Law § 160.15 [4]), robbery in the second degree (Penal Law § 160.10 [1]) and robbery in the…