Opinion
October 5, 1990
Appeal from the Cayuga County Court, Corning, J.
Present — Callahan, J.P., Doerr, Boomer, Green and Balio, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: It was reversible error for the court to allow the deliberating jurors to spend the night at home (People v. Coons, 75 N.Y.2d 796). Although both defendant and his counsel consented to sending the jurors home overnight, defendant cannot waive or consent to a violation of CPL 310.10 (People v. Smith, 161 A.D.2d 1160; People v. Dasher, 161 A.D.2d 1207).