THE PEOPLE &C., RESPONDENT, v. DWAYNE BELLO, APPELLANT.
82 N.Y.2d 862, 631 N.E.2d 104, 609 N.Y.S.2d 162 (1993).
December 15, 1993
4 No. 253 (1993 NY Int. 250)
Decided December 15, 1993
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Robert P. Rickert, for Appellant.
Gary T. Kelder, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
CPL 310.10 provides that once a jury has retired to deliberate, it
"must be continuously kept together under the supervision of a court
officer or court officers." In People v Webb (78 NY2d 335) we held
that a defendant may waive the CPL 310.10 jury sequestration
requirement (id., at 340). Here, defendant argues that such waivers
must be made by the accused personally, and that his attorney's waiver
on the record was insufficient. We disagree.
In Webb, both the defendant and his attorney expressly agreed to the
waiver (id., at 337; see also, People v Paul, 79 NY2d 970, 971).
Nothing in Webb, however, required that defendant personally consent
to the waiver, or that the record state that counsel discussed the
matter with defendant and that he knowingly and intelligently waived
the sequestration requirement. Indeed, in Webb we concluded that "the
sequestration provision does not implicate fundamental rights that are
an integral part of the trial"; rather, the requirement "is entirely
statutory and reflects no established common-law right of the
defendant" (78 NY2d 335, 339-340, supra; see, id., at 340 n *). Thus,
in this case -- where counsel stipulated before the court, on the
record and in the presence of defendant, that the jury be permitted to
go home overnight after it had commenced deliberations -- we hold that
such consent by counsel effectively waived the statutory sequestration
requirement (see, Schneckloth v Bustamonte, 412 US 218, 237; People v
Ferguson, 67 NY2d 383, 390; People v Rosen, 81 NY2d 237, 244-245).
* * * * * * * * * * * * * * * * *
Order affirmed, in a memorandum. Chief Judge Kaye and Judges Simons,
SNIPPETS:
THE PEOPLE &C., RESPONDENT, v. DWAYNE BELLO, APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York
CPL 310.10 provides that once a jury has retired to deliberate, it "must be continuously kept
In People v Webb (78 NY2d 335) we held that a defendant may waive the CPL 310.10 jury
Here, defendant argues that such waivers must be made by the accused personally, and that his
Nothing in Webb, however, required that defendant personally consent to the waiver, or that
Indeed, in Webb we concluded that "the sequestration provision does not implicate fundamental
Thus, in this case -- where counsel stipulated before the court, on the record and in the
Chief Judge Kaye and Judges Simons, Titone, Hancock, Bellacosa, Smith and Levine concur.
|
