People v. Nacey

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered September 19, 1989, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact were raised or considered.

At the close of the first day of deliberations, the trial court, noting that it was 5:00 p.m. and that the jury was still deliberating, decided to send the jury to a hotel for the evening. Without objection by the defense counsel, the Trial Judge…