Opinion
Decided April 2, 1992
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, George A. Reed, J.
R. Michael Tantillo, District Attorney (Kathleen H. Pohl and Jeffrey L. Taylor of counsel), for appellant.
Respondent precluded.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, and case remitted to the Appellate Division, Fourth Department, for consideration of the facts and issues raised but not passed upon on the appeal to that court. Defendant expressly consented, in the presence of counsel, to waiver of the CPL 310.10 jury sequestration requirement (People v Webb, 78 N.Y.2d 335).
Concur: Chief Judge WACHTLER and Judges KAYE, HANCOCK, JR., TITONE and BELLACOSA. Taking no part: Judges SIMONS and ALEXANDER.