2006 New York Code - Sentencing Jury In Capital Cases

 
  § 270.55 Sentencing jury in capital cases.
    During  the  period  extending  from  when a jury returns a verdict of
  guilty upon a count of an indictment charging murder in the first degree
  as defined by section 125.27 of the penal law until a  jury  retires  to
  deliberate  on the sentence pursuant to section 400.27, the court may in
  its discretion either permit the jurors to separate during recesses  and
  adjournments  or  direct  that they be continuously kept together during
  such periods under the supervision of an appropriate public  servant  or
  servants.  In  the  latter case, such public servant or servants may not
  speak to or communicate with any juror concerning any subject  connected
  with the sentencing proceeding nor permit any other person to do so, and
  must  return  the jury to the court room at the next designated session.
  Unless otherwise provided for  in  section  400.27,  the  provisions  of
  sections   270.35,   270.40  and  270.50  shall  govern  the  sentencing
  proceeding provided for in section 400.27.