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PEOPLE v. PAUL

229 A.D.2d 932 (1996)

645 N.Y.S.2d 682

The People of the State of New York, Respondent, v. Jeffrey Paul, Appellant. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1996

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 clear that the jury was not prejudiced thereby" (People v Vigliotti, 203 A.D.2d 898; see, People v Rouse

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