The People v. Rafael Then

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The issue on this appeal is whether defendant was denied a fair trial when, for half a day of jury selection, he was compelled to wear orange correctional pants. We hold that defendant was not denied his right to a fair trial because there is no evidence on this record that the correctional pants were visible to the jury.

Defendant was arrested while getting into a vehicle that had been stolen at gunpoint 12 days earlier and charged with first- and second-degree robbery. Before jury selection began,…