§ 310.10 Jury deliberation; requirement of; where conducted.\n 1. Following the court's charge, except as otherwise provided by\nsubdivision two of this section, the jury must retire to deliberate upon\nits verdict in a place outside the courtroom. It must be provided with\nsuitable accommodations therefor and must, except as otherwise provided\nin subdivision two of this section, be continuously kept together under\nthe supervision of a court officer or court officers. In the event such\ncourt officer or court officers are not available, the jury shall be\nunder the supervision of an appropriate public servant or public\nservants. Except when so authorized by the court or when performing\nadministerial duties with respect to the jurors, such court officers or\npublic servants, as the case may be, may not speak to or communicate\nwith them or permit any other person to do so.\n 2. At any time after the jury has been charged or commenced its\ndeliberations, and after notice to the parties and affording such\nparties an opportunity to be heard on the record outside of the presence\nof the jury, the court may declare the deliberations to be in recess and\nmay thereupon direct the jury to suspend its deliberations and to\nseparate for a reasonable period of time to be specified by the court,\nnot lasting beyond close of business on the second day following such\nrecess or, for good cause shown, beyond close of business on the third\nday following recess of jury deliberations unless the defendant consents\nto a longer period of suspension and separation. For the purposes of\nthis section, where a day referred to in this subdivision falls on a\nSaturday, Sunday or holiday, such day shall mean the next day thereafter\nduring which the courthouse is open for the conduct of trials. Before\neach recess, the court must admonish the jury as provided in section\n270.40 of this title and direct it not to resume its deliberations until\nall twelve jurors have reassembled in the designated place at the\ntermination of the declared recess.\n
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