PEOPLE v. VIGLIOTTI


203 A.D.2d 898 (1994)

611 N.Y.S.2d 413

The People of the State of New York, Respondent, v. Jack Vigliotti, Appellant

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

April 15, 1994


Judgment unanimously reversed on the law, new trial granted on counts two through four of indictment and indictment otherwise dismissed without prejudice to the People to file any appropriate charge under count one of indictment.

Memorandum:

Defendant was shackled and handcuffed at trial. 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...

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