Opinion
December 10, 1992
Appeal from the County Court of Chemung County (Castellino, J.).
We find no abuse of discretion in County Court's determination that defendant be shackled during trial. Defendant's violent criminal history and reports that he intended to attack defense counsel provided a reasonable basis for the determination, and County Court articulated its reasoning on the record and instructed the jury to disregard the restraints (see, People v Freeman, 184 A.D.2d 864; People v Bosket, 168 A.D.2d 833, lv denied 77 N.Y.2d 904; People v Greiner, 156 A.D.2d 813, lv denied 75 N.Y.2d 919). We also find no basis to disturb the sentence of 3 1/2 to 7 years' imprisonment imposed by County Court given defendant's criminal history.
Mikoll, J.P., Yesawich Jr., Levine, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed.