Opinion
May 11, 1990
Appeal from the Monroe County Court, Celli, J.
Present — Callahan, J.P., Doerr, Boomer, Green and Davis, JJ.
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.