People v. Perez

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 8, 2011, convicting defendant, after a jury trial, of murder in the second degree (two counts) and kidnapping in the first degree, and sentencing him to an aggregate term of 25 *572 years to life, unanimously reversed, on the law, and the matter remanded for a new trial.

As this Court determined on a jointly tried codefendant’s appeal (P eople v Franqui, 123 AD3d 512 [1st Dept 2014], lv denied 25 NY3d 1163 [2015]), and as the People concede, reversal is required because of the absence of an inquiry into whether, and to what extent, a juror slept during the trial.

We decline to revisit this Court’s prior order, which granted the People’s motion for a protective order sealing, and prohibiting the dissemination of, certain materials.