People v. Schrock

I respectfully dissent and would reverse the order denying defendant’s CPL 440.10 motion, grant that motion, vacate the judgment and grant a new trial. In my view, the usurpation by the Sheriff of County Court’s authority, which here is embodied in the Sheriffs unilateral decision to require defendant to wear a stun belt during trial without the knowledge of the court, is a mode of proceedings error, and the court thus should have granted defendant’s motion.

I generally share the majority’s view of the facts. However, I note my view that the hearing on the motion establishes that defense…