Ordered that the matter is remitted to the Supreme Court, Kings County, for a reconstruction hearing to determine whether the regular and alternate jurors ate lunch together while the jury was deliberating, and for a report to this Court, and the appeal is held in abeyance in the interim. The Supreme Court, Kings County, is to file its report with all convenient speed.
Because the record is unclear as to whether the regular and alternate jurors ate lunch together while the jury was deliberating, this case must be remitted to the Supreme Court for a reconstruction hearing to determine the issue ( see, CPL 270.30, 310.10 Crim. Proc.; People v. Agramonte, 209 A.D.2d 707; People v. Rahman, 208 A.D.2d 775; People v. Santana, 163 A.D.2d 495, affd 78 N.Y.2d 1027). Rosenblatt, J.P., Copertino, Hart and Friedmann, JJ., concur.