PEOPLE v. BUCHANAN


13 N.Y.3d 1 (2009)

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

Court of Appeals of New York.

Decided June 30, 2009.


Attorney(s) appearing for the Case

Thomas Theophilos, Buffalo, for appellant.

David W. Foley, District Attorney, Mayville (Lynn S. Hodgens of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur in per curiam opinion; Judge READ dissents and votes to affirm in a separate opinion.


OPINION OF THE COURT

Per Curiam.

We hold that a stun belt may not be used to restrain a defendant in a criminal case without a finding of specific facts justifying the use of such a restraint.

I

Defendant was charged with the murder, by strangulation, of a 14-year-old girl. After jury selection and before opening statements, the trial judge said "it is my policy in cases of this nature, this...

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