New York Court of Appeals
The People v. Daniel Bradford
June 13, 2023
Summary
The Court of Appeals reversed the Appellate Division's order and remitted the matter for further proceedings on the defendant's ineffective assistance claim. Although requiring the defendant to wear a stun belt without a particularized finding of need was erroneous, the unpreserved error was not a mode-of-proceedings error and did not require automatic reversal. The ineffective assistance claim required a hearing because the record did not resolve whether counsel had a legitimate reason for failing to object or whether the defendant consented.