People v. Coons

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be reversed and a new trial ordered.

During the course of the jury deliberations, the trial court permitted the jurors to go to their homes for dinner, separately and unsupervised. CPL 310.10 provides that a deliberating jury "must be continuously kept together under the supervision of a court officer” (emphasis supplied). This section mandates the jury’s seclusion during deliberations (see, People v Bouton, 50 NY2d 130, 138). The trial court erred in failing to keep the deliberating jury continuously together under…