DECISION ORDER
ORDERED that the order is affirmed.
We agree with the Supreme Court that allowing the verdict to stand under the circumstances of this case would violate due process (see, CPL 440.10[1][h]; Sanders v. Sullivan, 863 F.2d 218 ; People v. Pelchat, 62 N.Y.2d 97, 105 ; People v. Figueroa, 167 A.D.2d 101, 104 ). Accordingly, the Supreme Court properly ordered a new trial.
SANTUCCI, J.P., JOY, GOLDSTEIN, and FEUERSTEIN, JJ., concur.