PEOPLE v. WALKER


139 A.D.2d 546 (1988)

The People of the State of New York, Respondent, v. Oscar Walker, Appellant

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

April 4, 1988


Ordered that the judgment is affirmed.

The sole issue raised on appeal is whether the trial court erred in failing to give a curative instruction to the jury regarding the viewing by some of the jurors of the defendant in handcuffs outside the courtroom prior to the commencement of trial. Following the court's preliminary instruction to the jury and the opening statements of the prosecutor and the defense counsel, the defendant moved for a mistrial on the basis that...

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