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This entry was published on 2019-11-29
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SECTION 310.10
Jury deliberation; requirement of; where conducted
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 310
§ 310.10 Jury deliberation; requirement of; where conducted.

1. Following the court's charge, except as otherwise provided by
subdivision two of this section, the jury must retire to deliberate upon
its verdict in a place outside the courtroom. It must be provided with
suitable accommodations therefor and must, except as otherwise provided
in subdivision two of this section, be continuously kept together under
the supervision of a court officer or court officers. In the event such
court officer or court officers are not available, the jury shall be
under the supervision of an appropriate public servant or public
servants. Except when so authorized by the court or when performing
administerial duties with respect to the jurors, such court officers or
public servants, as the case may be, may not speak to or communicate
with them or permit any other person to do so.

2. At any time after the jury has been charged or commenced its
deliberations, and after notice to the parties and affording such
parties an opportunity to be heard on the record outside of the presence
of the jury, the court may declare the deliberations to be in recess and
may thereupon direct the jury to suspend its deliberations and to
separate for a reasonable period of time to be specified by the court,
not lasting beyond close of business on the second day following such
recess or, for good cause shown, beyond close of business on the third
day following recess of jury deliberations unless the defendant consents
to a longer period of suspension and separation. For the purposes of
this section, where a day referred to in this subdivision falls on a
Saturday, Sunday or holiday, such day shall mean the next day thereafter
during which the courthouse is open for the conduct of trials. Before
each recess, the court must admonish the jury as provided in section
270.40 of this title and direct it not to resume its deliberations until
all twelve jurors have reassembled in the designated place at the
termination of the declared recess.