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CARLISLE v. COUNTY OF NASSAU

64 A.D.2d 15 (1978)

William C. Carlisle, Appellant, v. County of Nassau, Respondent

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

August 14, 1978

Attorney(s) appearing for the Case

Robinson & Cincotta (Edward T. Robinson, III, William L. Schierberl and Nathaniel F. Knappen of counsel), for appellant.

Edward G. McCabe, County Attorney (Matthew A. Tedone and Edward F. Asip of counsel), for respondent.

SHAPIRO and MARGETT, JJ., concur with TITONE, J.; MOLLEN, P. J., dissents and votes to affirm the amended judgment with a memorandum; HAWKINS, J., dissents and votes to affirm the amended judgment, with an opinion.

TITONE, J.

This civil action stems from an altercation between plaintiff and a detective employed by the defendant county. During the encounter, the detective shot plaintiff causing him to become a permanent paraplegic. Because of his being confined to a wheelchair, the trial court refused to permit plaintiff to be present during selection of the jury. According to the Justice in Part I (DEROUNIAN, J.), there...

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