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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GASKIN, Appellant.

Judgment unanimously reversed on the law and new trial granted. Memorandum: The judgment must be reversed because the trial court erred in failing to sequester the jury during deliberations (see, CPL 310.10; People v. Coons, 75 N.Y.2d 796; People v Smith, 161 A.D.2d 1160; People v. Webb, 161 A.D.2d 1167). Having so concluded, we need not reach the other issue raised by defendant.

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PEOPLE v. GASKIN
(Jun 22, 1990)