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PEOPLE v. HARPER

47 N.Y.2d 857 (1979)

The People of the State of New York, Respondent, v. Allen Harper, Appellant.

Court of Appeals of the State of New York.

Decided June 12, 1979.

Attorney(s) appearing for the Case

Barbara B. Butler and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Richard Hamburger and Jerrold L. Neugarten of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

MEMORANDUM.

The order appealed from should be affirmed. We find no merit to defendant's contention that he was denied due process of law when the trial court denied his motion for a mistrial made upon the ground that he had been unduly prejudiced when two jurors inadvertently viewed him in handcuffs while returning from lunch recess. The brief and, without question, inadvertent viewing of defendant by these jurors was, by...

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