Legal Opinion
People v. Buchanan
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 2008PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Scudder, P.J.
On appeal from a judgment convicting him, after a jury trial, of murder in the second degree (Penal Law § 125.25 [1]) in connection with the death of a 14-year-old girl, defendant contends *48that he was denied his right to due process because County Court required that he wear a stun belt under his clothing as a means of physical restraint. The issue whether the use of a stun belt that is not visible to the jury is subject to the same judicial scrutiny as other forms of physical restraint that are visible appears to be one of first impression in New York State.…
2Cases cited9 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. BaldiNew York Court of Appeals · 1981
- Deck v. MissouriSupreme Court of the United States · 2005
- People v. MirendaNew York Court of Appeals · 1969
- United States v. McKissickCourt of Appeals for the Tenth Circuit · 2000
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. BuchananNew York Court of Appeals · 2009
- People v. SchrockAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BuchananNew York Court of Appeals · 2009
- People v. SchrockAppellate Division of the Supreme Court of the State of New York · 2013