Section 270.55. Sentencing jury in capital cases


Latest version.
  • 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.