People v. Neubauer

Appellate Division of the Supreme Court of New York

People v. Neubauer

296 A.D.2d 557, 745 N.Y.S.2d 699, 2002 N.Y. App. Div. LEXIS 7555

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 22, 2002

StatusPublished

Cited by3 cases

This text of 296 A.D.2d 557 (People v. Neubauer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Neubauer, 296 A.D.2d 557, 745 N.Y.S.2d 699, 2002 N.Y. App. Div. LEXIS 7555 (N.Y. Ct. App. 2002).

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Opinion

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered December 16, 1999, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, there was a reasonable basis articulated in the record to justify the County Court’s determination to have him handcuffed when he testified before the grand jury (see People v Rouse, 79 NY2d 934, 935; People v Tucker, 261 AD2d 877, 878; People v Grant, 234 AD2d 562). In any event, reversal is not required since the prosecutor’s cautionary instructions to the grand jury dispelled any possible prejudice to the defendant (see People v Felder, 201 AD2d 884, 885; People v McEachin, 166 AD2d 814, 815; People v Gallan, 78 AD2d 904). O’Brien, J.P., Friedmann, McGinity and H. Miller, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered December 16, 1999, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, there was a reasonable basis articulated in the record to justify the County Court’s determination to have him handcuffed when he testified before the grand jury (see People v Rouse, 79 NY2d 934, 935; People v Tucker, 261 AD2d 877, 878; People v Grant, 234 AD2d 562). In any event, reversal is not required since the prosecutor’s cautionary instructions to the grand jury dispelled any possible prejudice to the defendant (see People v Felder, 201 AD2d 884, 885; People v McEachin, 166 AD2d 814, 815; People v Gallan, 78 AD2d 904). O’Brien, J.P., Friedmann, McGinity and H. Miller, JJ., concur.

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Bluebook (online)

296 A.D.2d 557, 745 N.Y.S.2d 699, 2002 N.Y. App. Div. LEXIS 7555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-neubauer-nyappdiv-2002.

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