Legal Opinion · Dissent

People v. Clyde

Appellate Division of the Supreme Court of the State of New York

Decided April 30, 2010No. Appeal No. 1Published

1Dissent

Scudder, P.J. (dissenting).

In appeal No. 1, the majority concludes that the failure of County Court to articulate a rea*1540sonable basis on the record for its determination that defendant should be shackled during trial requires reversal, in the absence of a showing that defendant was not prejudiced by reason thereof. The majority also concludes that the court erred in admitting in evidence two medical opinions on the issues of whether defendant’s actions created a substantial risk of serious physical injury with respect to one of the individuals assaulted (victim No. 1), and whether the second…

2Cases cited15 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. CrimminsNew York Court of Appeals · 1975
  4. People v. DouglasNew York Court of Appeals · 2005
  5. People v. BuchananNew York Court of Appeals · 2009

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