I don't recall that the jury was polled after the verdict was announced. Were the jurors polled?
Unless there is an exception, it appears that the jury will be present in court during sentencing on Tuesday.
2. The separate sentencing proceeding provided for by this section
shall be conducted before the court sitting with the jury that found the
defendant guilty.
Article 310 CPL | Jury Trial | Deliberation Verdict of Jury
S 310.80 Recording and checking of verdict and polling of jury.
After a verdict has been rendered, it must be recorded on the minutes
and read to the jury, and the jurors must be collectively asked whether
such is their verdict. Even though no juror makes any declaration in the
negative, the jury must, if either party makes such an application, be
polled and each juror separately asked whether the verdict announced by
the foreman is in all respects his verdict. If upon either the
collective or the separate inquiry any juror answers in the negative,
the court must refuse to accept the verdict and must direct the jury to
resume its deliberation. If no disagreement is expressed, the jury must
be discharged from the case, except as otherwise provided in section
400.27
Article 400 | Criminal Procedure | Pre-Sentence Proceedings
S 400.27 Procedure for determining sentence upon conviction for the
offense of murder in the first degree.
1. Upon the conviction of a defendant for the offense of murder in the
first degree as defined by section 125.27 of the penal law, the court
shall promptly conduct a separate sentencing proceeding to determine
whether the defendant shall be sentenced to death or to life
imprisonment without parole pursuant to subdivision five of section
70.00 of the penal law. Nothing in this section shall be deemed to
preclude the people at any time from determining that the death penalty
shall not be sought in a particular case, in which case the separate
sentencing proceeding shall not be conducted and the court may sentence
such defendant to life imprisonment without parole or to a sentence of
imprisonment for the class A-I felony of murder in the first degree
other than a sentence of life imprisonment without parole.
2. The separate sentencing proceeding provided for by this section
shall be conducted before the court sitting with the jury that found the
defendant guilty. The court may discharge the jury and impanel another
jury only in extraordinary circumstances and upon a showing of good
cause, which may include, but is not limited to, a finding of prejudice
to either party. If a new jury is impaneled, it shall be formed in
accordance with the procedures in article two hundred seventy of this
chapter. Before proceeding with the jury that found the defendant
guilty, the court shall determine whether any juror has a state of mind
that is likely to preclude the juror from rendering an impartial
decision based upon the evidence adduced during the proceeding. In
making such determination the court shall personally examine each juror
individually outside the presence of the other jurors. The scope of the
examination shall be within the discretion of the court and may include
questions supplied by the parties as the court deems proper. The
proceedings provided for in this subdivision shall be conducted on the
record; provided, however, that upon motion of either party, and for
good cause shown, the court may direct that all or a portion of the
record of such proceedings be sealed. In the event the court determines
that a juror has such a state of mind, the court shall discharge the
juror and replace the juror with the alternate juror whose name was
first drawn and called. If no alternate juror is available, the court
must discharge the jury and impanel another jury in accordance with
article two hundred seventy of this chapter.
I'm not sure if the jury was polled or not in this case.
If they weren't, they were asked collectively if they all agreed with the verdict.
The exception would be that this is not a death penalty case.
If it was, after hearing aggravating/mitigating factors, the jury would decide on either life or death.
In this case, the judge will decide, not the jury.
S 400.27 Procedure for determining sentence upon conviction for the offense of murder in the first degree.
1. Upon the conviction of a defendant for the offense of murder in the
first degree as defined by section 125.27 of the penal law, the court
shall promptly conduct a separate sentencing proceeding to determine
whether the defendant shall be sentenced to death or to life
imprisonment without parole pursuant to subdivision five of section
70.00 of the penal law.
Covering Criminal Trials – Journalist’s Guide
If a defendant is found guilty of a crime punishable by death, the same
jury that convicted him or her will determine the
sentence.
During a second phase of the
trial, known as the penalty phase, both sides
can present witnesses and evidence. ... The
jury has only two choices: execution or life
in prison.