Majority
p. 914The People of the State of New York, Respondent, v Rufus Anderson, Appellant.
Judgment unanimously reversed on the law and new trial granted. Memorandum: It was reversible error for the court to allow the deliberating jurors to spend the night at home (People v Coons, 75 NY2d 796 ). Although both defendant and his counsel consented to sending the jurors home overnight, defendant cannot waive or consent to a violation of CPL 310.10 (People v Smith, 161 AD2d 1160 ; People v Dasher, 161 AD2d 1207 ). (Appeal from judgment of Cayuga County Court, Corning, J.—manslaugh-
Majority
p. 915
ter, first degree.) Present—Callahan, J. P., Doerr, Boomer, Green and Balio, JJ.
Cases cited
- People v. Coons 75 NY2d 796 p. 914