Legal Opinion

People v. Paul

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1996No. Appeal No. 1PublishedCited by 18 opinions

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

  1. People v. MottAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. FuggazzattoNew York Court of Appeals · 1984
  3. People v. RouseNew York Court of Appeals · 1992
  4. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. SantanaAppellate Division of the Supreme Court of the State of New York · 1990

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3Cited by18 opinions

  1. People v. MorganAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. RorabackAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. FioriAppellate Division of the Supreme Court of the State of New York · 1999

13 more not listed; retrieve them via the Exa API.

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