Opinion
June 7, 1991
Appeal from the Ontario County Court, Reed, J.
Present — Callahan, J.P., Denman, Balio, Lawton and Lowery, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: On our review of a judgment convicting defendant of sexual abuse in the third degree, we conclude that the court's failure to sequester the jury requires reversal notwithstanding the fact that defendant expressly consented to that procedure (see, People v Coons, 75 N.Y.2d 796, 797; People v Dasher, 161 A.D.2d 1207, 1208, lv denied 76 N.Y.2d 855; People v Webb, 161 A.D.2d 1167, lv granted 76 N.Y.2d 897; People v Smith, 161 A.D.2d 1160, 1161, lv denied 76 N.Y.2d 865; CPL 310.10). We note that the verdict is supported by sufficient evidence. In view of our determination, it is not necessary to address defendant's remaining contentions.