Section 310.10. Jury deliberation; requirement of; where conducted  


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  • 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  to exceed twenty-four hours, except that in the case of a Saturday,
      Sunday or holiday, such separation may extend  beyond  such  twenty-four
      hour  period.  Before  each  recess, the court must admonish the jury as
      provided in section 270.40 of this chapter 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.