PEOPLE v. BEST

No. 194.

19 N.Y.3d 739 (2012)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMIL BEST, Appellant.

Court of Appeals of New York.

Decided November 20, 2012.


Attorney(s) appearing for the Case

Legal Aid Society of Nassau County, Hempstead ( Tammy Feman , Kent V. Moston and Jeremy L. Goldberg of counsel), for appellant.

Kathleen M. Rice , District Attorney, Mineola ( Joanna Hershey and Robert A. Schwartz of counsel), for respondent.

Judges GRAFFEO, READ, SMITH and PIGOTT concur with Judge CIPARICK; Chief Judge LIPPMAN dissents in a separate opinion.


OPINION OF THE COURT

CIPARICK, J.

In this appeal, we must determine whether defendant's conviction should be overturned because the trial court restrained defendant during the course of his bench trial without articulating a specific justification for doing so. We hold that the rule governing visible restraints in jury trials applies with equal force to nonjury trials and that District Court erred in failing...

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