I agree that juror number ten’s equivocal response to the question “[I]s that your verdict?” called for further inquiry, but I think the juror’s answer to that inquiry was enough to resolve the problem. The juror made clear that what she meant by “pressure” was no more than vigorous argument: “[E]veryone is standing up, yelling at me, why can’t you see it that way, why can’t you see it that way?” It is obvious to me that this juror was not coerced—certainly not in the sense of being subjected to a threat of “physical harm” (majority mem at 871)—but simply decided to give in to the strongly-expressed views of her fellow jurors. That is not enough to taint a verdict.
*872I cannot endorse the majority’s suggestion that the juror should have been asked: “Did you find the defendant guilty beyond a reasonable doubt based on the evidence?” Admittedly, this is only a small step beyond the traditional question “[I]s that your verdict?”—a question to which the juror answered yes several times—but I would not take that step. It is an inquiry into the operation of the juror’s mind, and if the juror did not confine herself to a yes or no answer it might well elicit information better kept private.
Nevertheless, I concur in the result reached by the majority, because Supreme Court erred (as the People acknowledge) in forbidding attorney-client communications during a weekend break. I am satisfied that defendant adequately preserved this error.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Pigott and Jones concur; Judge Smith concurs in result in an opinion.
Order affirmed in a memorandum.