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PEOPLE v. CLYDE

No. 209.

18 N.Y.3d 145 (2011)

2011 NY Slip Op 8453

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RAYMOND CLYDE, Respondent.

Court of Appeals of New York.

Decided November 22, 2011.

Attorney(s) appearing for the Case

Jon E. Budelmann , District Attorney, Auburn ( Christopher T. Valdina of counsel), for appellant.

David P. Elkovitch , Auburn, for respondent.

Mintz & Oppenheim LLP, New York City ( Marshall A. Mintz of counsel), and Green & Willstatter, White Plains ( Richard D. Willstatter of counsel), for New York State Association of Criminal Defense Lawyers, amicus curiae.

OPINION OF THE COURT

PIGOTT, J.

We hold that harmless error analysis is applicable when a trial court has ordered the use of visible shackles without adequate justification articulated on the record (see Deck v Missouri, 544 U.S. 622 [2005]). Here, defendant's shackling during trial was harmless, as was an evidentiary error committed by the trial court. We also agree with...

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