Opinion
June 22, 1990
Appeal from the Monroe County Court, Celli, J.
Present — Dillon, P.J., Doerr, Boomer, Lawton 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 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.