New York Court of Appeals
The People of the State of New York, Appellant v. Ricardo Agramonte, Respondent; the People of the State of New…
April 2, 199687 N.Y.2d 765
Summary
The Court held that violations of CPL 310.10 (jury sequestration) and CPL 270.30 (alternate juror separation) are not fundamental "mode of proceedings" errors and therefore must be preserved by timely objection; because the defendants did not object, the errors were unpreserved and the appellate court's reversal was reversed and the cases remanded. The decision clarifies the preservation requirement for these statutory violations.