Legal Opinion
People v. Nelson
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1996PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reserved decision and remitted this matter to County Court to make findings of fact concerning restraints imposed upon defendant during his trial and the presence of any additional Sheriff’s Deputies (People v Nelson, 221 AD2d 945). At the reconstruction hearing, the People met their burden of establishing by a preponderance of the evidence (see, People v Terry, 225 AD2d 1058, lv denied 88 NY2d 886) that the leg restraint was not visible, and that the use of the leg restraint and the presence of one additional Sheriff’s Deputy were necessitated…
2Cases cited4 opinions
- People v. AndersonNew York Court of Appeals · 1977
- People v. TerryAppellate Division of the Supreme Court of the State of New York · 1996
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1974
- People v. NelsonAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by5 opinions
- People v. McWilliamsAppellate Division of the Supreme Court of the State of New York · 2008
- People v. WhorleyAppellate Division of the Supreme Court of the State of New York · 2001
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2014
- WALKER, FREDERICK E., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014