People v. Nelson

—Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: The record indicates that, as jury selection was about to begin, defendant was in court wearing a leg restraint, and was surrounded by seven Sheriffs Deputies. "While the question of securing the defendant in the courtroom rests within *946the sound discretion of the trial court, there must exist on the record testimony regarding the necessity for securing the defendant” (People v Reingold, 44 AD2d 191, 197). The record contains no such testimony. That…