N.Y. Crim. Proc. Law § 270.55

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