An appeals court ordered a new trial for a defendant it decided was unfairly required to appear in court wearing a stun belt.

The Appellate Division, Fourth Department, said it agreed with defendant Jose Gomez’s counsel that Steuben County Court Judge Joseph Latham erred by making Gomez appear at his 2005 trial for assault, attempted assault, burglary and other charges with the stun belt without stating for the record why the defendant was wearing the device.

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