People v. Clyde

Memorandum:

In one of two prior appeals involving the instant defendant, we reversed the judgment convicting defendant following a jury trial of, inter alia, two counts of assault in the second degree (Penal Law § 120.05 [7]), and we granted defendant a new trial based upon our conclusion that “County Court erred in failing to articulate a reasonable basis on the record for its determination to restrain defendant in shackles during the trial” (People v Clyde, 72 AD3d 1538, 1538-1539 [2010]). In the second of the two appeals, the People appealed from an order insofar as it granted that part of…