N.Y. Criminal Procedure Law § 310.10: Jury deliberation; requirement of; where conducted

§ 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.