Legal Opinion

People v. Buchanan

New York Court of Appeals

Decided June 30, 2009Published

1Opinion of the Court

13 N.Y.3d 1 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

INGVUE E. BUCHANAN, Appellant.

Court of Appeals of New York.

Argued May 7, 2009.

Decided June 30, 2009.

Thomas Theophilos, Buffalo, for appellant.

David W. Foley, District Attorney, Mayville (Lynn S. Hodgens of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur in per curiam opinion; Judge READ dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

2Per curiam

We hold that a stun belt may not be used to restrain a defendant in a criminal case without a finding of specific…

3Cases cited5 opinions

  1. Deck v. MissouriSupreme Court of the United States · 2005
  2. State v. BowenOregon Supreme Court · 2006
  3. People v. BuchananNew York Court of Appeals · 2009
  4. Goodwin v. MissouriSupreme Court of the United States · 2007
  5. People v. BuchananAppellate Division of the Supreme Court of the State of New York · 2008

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