| People v Cooke |
| 2015 NY Slip Op 01557 [24 NY3d 1196] |
| February 24, 2015 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 1, 2015 |
| The People of the State of New York, Respondent, v Robert J. Cooke, Appellant. |
Decided February 24, 2015
People v Cooke, 119 AD3d 1399, affirmed.
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.
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 [*2]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.