People v. Paul
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously reversed on the law and new trial granted. Memorandum: "The shackling of a defendant in the presence of the jury is inherently prejudicial and constitutes reversible error unless a reasonable basis therefor is in the record or it is *933clear that the jury was not prejudiced thereby” (People v Vigliotti, 203 AD2d 898; see, People v Rouse, 79 NY2d 934, 935; People v Sykes, 224 AD2d 986). Here, County Court did not articulate a reasonable basis for the shackling of defendant and the prejudice to defendant is apparent from the record. The court took no steps to minimize the…
2Cases cited17 opinions
- People v. MottAppellate Division of the Supreme Court of the State of New York · 1983
- People v. FuggazzattoNew York Court of Appeals · 1984
- People v. RouseNew York Court of Appeals · 1992
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 1993
- People v. SantanaAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by18 opinions
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