People v. Hart

Main, J. P.

Appeal from a judgment of the Supreme Court at Trial Term (Ellison, J.), rendered November 22, 1983 in Chemung County, upon a verdict convicting defendant of the crime of escape in the first degree.

Defendant challenges his conviction for escape in the first degree on the ground that his right to a fair trial was deprived by the trial court when it permitted him to be tried before a jury while shackled and failed to instruct the jury *472that his being restrained could not be considered as evidence of his guilt. The People respond that because there was information concerning another…