General

The People of the State of New York, Respondent, v. Rufus Anderson, Appellant

166 A.D.2d 914·New York Supreme Court, Appellate Division·1990·NY

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Opinion

The People of the State of New York, Respondent, v Rufus Anderson, Appellant. [MAJORITY] 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] ter, first degree.) Present—Callahan, J. P., Doerr, Boomer, Green and Balio, JJ.