THE PEOPLE &C., APPELLANT, v. THOMAS E. PAUL,
79 N.Y.2d 970 (1992).
April 2, 1992
4 No. 137 SSM 18
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Kathleen H. Pohl, for Appellant.
Preclusion, for Respondent.
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On review of submissions pursuant to section 500.4 of the Rules, 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 NY2d 335). Chief Judge Wachtler and Judges Kaye, Hancock, Titone and Bellacosa concur. Judges Simons and Alexander took no part.