People v. Emil Best


AT 9 & 10 order dated May 9, 2011, affirming judgment of conviction. Decision below: 31 Misc3d 141(A), 929 NYS 2s 201, 2011 WL 1797619. Pigott, J., granted leave November 22, 2011.

ISSUES PRESENTED: (1) In a bench trial, the propriety of the court's decision, without any inquiry regarding need, to put the defendant in handcuffs and leg shackles. (2) The sufficiency of the accusatory instrucment as to endangering the welfare of a child; whether sufficient facts were pleaded that the victim was 12 years old. (Assigned counsel: Kent V. Moston, Nassau County Legal Aid Society, One Helen Keller Way, Hempstaed, NY 11550.)

Shackling in a bench trial