People v. Harper

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed. We find no merit to defendant’s contention that he was denied due process of law when the trial court denied his motion for a mistrial made upon the ground that he had been unduly prejudiced when two jurors inadvertently viewed him in handcuffs while returning from lunch recess. The brief and, without question, inadvertent viewing of defendant by these jurors was, by itself, insufficient to deny defendant a fair trial (compare Dupont v Hall, 555 F2d 15, with People v Roman, 35 NY2d 978). Furthermore, defense counsel…