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People v. Cooke

24 N.Y.3d 1196 Court N.Y. Decision date 2015-02-24 English

Judges Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam and Stein concur; Judge Fahey taking no part.

Contents

Majority

p. 1196
[27 NE3d 469, 3 NYS3d 755]
The People of the State of New York, Respondent, v Robert J. Cooke, Appellant.
Decided February 24, 2015
p. 1197
APPEARANCES OF COUNSEL
Davison Law Office, PLLC, Canandaigua {Mary P. Davison of counsel), for appellant.
Brooks T. Baker, District Attorney, Bath {John C. Tunney of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The trial court’s failure to make a finding of necessity for the stun belt’s use does not constitute an unwaivable mode of proceedings error (see People v Buchanan, 13 NY3d 1 , 4 [2009]; see generally People v Hanley, 20 NY3d 601 , 604 [2013]; People v Schrock, 108 AD3d 1221 , 1224-1225 [4th Dept 2013], lv denied 22 NY3d 998 [2013], denied reconsideration 23 NY3d 1025 [2014]; see also People v Gamble, 18 NY3d 386 , 396-397 [2012], rearg denied 19 NY3d 833 [2012]). Thus, as defendant never objected, and indeed expressly consented to wearing a stun belt at trial, he waived his contention that he was denied a fair trial on the ground that he was restrained by means of that security device (see People v Iannone, 45 NY2d 589 , 600 [1978]; cf. Buchanan, 13 NY3d at 3 ). We have considered defendant’s remaining contentions and find them to be without merit.

Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam and Stein concur; Judge Fahey taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

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