People v. Fernandez

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant claims that the trial court violated CPL 310.10 by permitting one or more jurors to attend church services during the lunch recess after the trial had entered the deliberations phase. When trial counsel learned what occurred, she moved for a mistrial, raising two objections: that she should have been consulted beforehand and that the jurors’ request should have been in writing. The court denied the motion, defendant was convicted, and the Appellate Division affirmed.

CPL 310.10 provides that once…