N.Y. Criminal Procedure Law § 270.55: Sentencing jury in capital cases

§ 270.55 Sentencing jury in capital cases.

During the period extending from when a jury returns a verdict of

guilty upon a count of an indictment charging murder in the first degree

as defined by section 125.27 of the penal law until a jury retires to

deliberate on the sentence pursuant to section 400.27, the court may in

its discretion either permit the jurors to separate during recesses and

adjournments or direct that they be continuously kept together during

such periods under the supervision of an appropriate public servant or

servants. In the latter case, such public servant or servants may not

speak to or communicate with any juror concerning any subject connected

with the sentencing proceeding nor permit any other person to do so, and

must return the jury to the court room at the next designated session.

Unless otherwise provided for in section 400.27, the provisions of

sections 270.35, 270.40 and 270.50 shall govern the sentencing

proceeding provided for in section 400.27.