Opinion
October 17, 1994
Appeal from the Supreme Court, Kings County (Corriero, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered; and it is further,
Ordered that the appeal from the order is dismissed as academic.
The defendant's conviction must be reversed and a new trial ordered because "the trial court erroneously granted the alternate jurors permission to dine with the 12 regular jurors after deliberations had commenced, in violation of CPL 270.30 and CPL 310.10" (People v. Santana, 163 A.D.2d 495, 496, affd 78 N.Y.2d 1027). Errors such as this that "`"`affect the organization of the court or the mode of proceedings prescribed by law'" need not be preserved and, even if acceded to, still present a question of law' for appellate review" (People v. Santana, supra, at 497, quoting People v. Coons, 75 N.Y.2d 796, 797).
The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05), without merit, or academic. Bracken, J.P., Lawrence, Santucci and Goldstein, JJ., concur.