Opinion
2000-00039
Argued June 13, 2002.
July 22, 2002.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered December 16, 1999, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
David Goodman, Poughkeepsie, N.Y. (David Steinberg of counsel; Adam M. Bialek on the brief), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Jessica Z. Segal of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, there was a reasonable basis articulated in the record to justify the County Court's determination to have him handcuffed when he testified before the Grand Jury (see People v. Rouse, 79 N.Y.2d 934, 935; People v. Tucker, 261 A.D.2d 877, 878; People v. Grant, 234 A.D.2d 562). In any event, reversal is not required since the prosecutor's cautionary instructions to the Grand Jury dispelled any possible prejudice to the defendant (see People v. Felder, 201 A.D.2d 884, 885; People v. McEachin, 166 A.D.2d 814, 815; People v. Gallan, 78 A.D.2d 904).
O'BRIEN, J.P., FRIEDMANN, McGINITY and H. MILLER, JJ., concur.