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PEOPLE v. BUCHANAN

53 A.D.3d 46 (2008)

859 N.Y.S.2d 791

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. INGVUE E. BUCHANAN, Appellant.

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

June 6, 2008.

Attorney(s) appearing for the Case

Ingvue E. Buchanan, appellant pro se, and James K. Weeks, Fayetteville, for Ingvue E. Buchanan, appellant.

David W. Foley, District Attorney, Mayville (Jason L. Schmidt of counsel), for respondent.

HURLBUTT and SMITH, JJ., concur with SCUDDER, P.J.; FAHEY and GORSKI, JJ., dissent and vote to reverse in a separate opinion by FAHEY, J.

OPINION OF THE COURT

SCUDDER, P.J.

On appeal from a judgment convicting him, after a jury trial, of murder in the second degree (Penal Law § 125.25 [1]) in connection with the death of a 14-year-old girl, defendant contends that he was denied his right to due process because County Court required that he wear a stun belt under his clothing as a means of physical restraint. The issue whether the use of a stun...

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