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.