Can a defendant in a criminal proceeding be physically restrained in the presence of the jury?
"New York", United States of America
The following excerpt is from People v. Morgan, 178 Misc.2d 621, 682 N.Y.S.2d 516 (N.Y. Cty. Ct. 1998):
A defendant in a criminal proceeding cannot be physically restrained in the presence of the jury, unless there is a reasonable basis for doing so stated in the record (People v. Rouse, 79 N.Y.2d 934, 582 N.Y.S.2d 986, 591 N.E.2d 1172). A defendant must also be allowed to wear his own clothing when the jury is present (People v. Roman, 35 N.Y.2d 978, 365 N.Y.S.2d 527, 324
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