Legal Opinion

People v. Clyde

New York Court of Appeals

Decided November 22, 2011PublishedCited by 81 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

We hold that harmless error analysis is applicable when a trial court has ordered the use of visible shackles without adequate justification articulated on the record (see Deck v Missouri, 544 US 622 [2005]). Here, defendant’s shackling during trial was harmless, as was an evidentiary error committed by *149the trial court. We also agree with the People that the count of defendant’s indictment charging him with attempted rape should not have been dismissed.

I

A female, civilian employee of Auburn Correctional Facility was attacked in the prison on the afternoon of July…

2Cases cited11 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. Estelle v. WilliamsSupreme Court of the United States · 1976
  4. Holbrook v. FlynnSupreme Court of the United States · 1986
  5. Deck v. MissouriSupreme Court of the United States · 2005

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3Cited by81 opinions

  1. Lynch v. DolceCourt of Appeals for the Second Circuit · 2015
  2. The People v.Raymond DensonNew York Court of Appeals · 2015
  3. People v. GambleNew York Court of Appeals · 2012
  4. People v. BestNew York Court of Appeals · 2012
  5. People v. CruzNew York Court of Appeals · 2011

76 more not listed; retrieve them via the Exa API.

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