People v. Fernandez

Carro, J. P., and Wallach, J.,

dissent in a memorandum by Wallach, J., as follows: I find an insurmountable obstacle in the trial court’s granting of permission, without notice to defendant, for at least one juror (and possibly as many as three) to attend church services, unsupervised, during a lunch recess from deliberations. The minutes of the proceedings, at which point defense counsel questioned the court about this irregular procedure, are silent as to whether such church attendance was with or without court-appointed supervision, although it would seem logical that if there had been such *609…