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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SYLVESTER WEBB, Appellant.

Judgment unanimously reversed on the law and new trial granted.

Memorandum:

The judgment must be reversed because the trial court erred in permitting the jurors to return home overnight separately and unsupervised during deliberation (see, CPL 310.10; People v. Coons, 75 N.Y.2d 796; People v. Smith, 161 A.D.2d 1160 [decided herewith]). The other issues raised by defendant on appeal lack merit.

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PEOPLE v. WEBB
(May 11, 1990)