People v. Vigliotti
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously reversed on the law, new trial granted on counts two through four of indictment and indictment otherwise dismissed without prejudice to the People to file any appropriate charge under count one of indictment. Memorandum: Defendant was shackled and handcuffed at trial. The shackling of a defendant in the presence of the jury is inherently prejudicial and constitutes reversible error unless a reasonable basis therefor is in the record or it is clear that the jury was not prejudiced thereby (People v Rouse, 79 NY2d 934, 935; People v Mendola, 2 NY2d 270, 275; People v…
2Cases cited7 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GonzalezNew York Court of Appeals · 1983
- People v. MendolaNew York Court of Appeals · 1957
- People v. RouseNew York Court of Appeals · 1992
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. FinchWashington Supreme Court · 1999
- People v. PaulAppellate Division of the Supreme Court of the State of New York · 1996
- People v. JacobsAppellate Division of the Supreme Court of the State of New York · 2002
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HolmesAppellate Division of the Supreme Court of the State of New York · 2003
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