People v. Gourdine

Appellate Division of the Supreme Court of New York

People v. Gourdine

188 A.D.2d 741, 591 N.Y.S.2d 537, 1992 N.Y. App. Div. LEXIS 13761

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 10, 1992

StatusPublished

This text of 188 A.D.2d 741 (People v. Gourdine) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gourdine, 188 A.D.2d 741, 591 N.Y.S.2d 537, 1992 N.Y. App. Div. LEXIS 13761 (N.Y. Ct. App. 1992).

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Opinion

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered February 11, 1991, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

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 AD2d 864; People v Bosket, 168 AD2d 833, lv denied 77 NY2d 904; People v Greiner, 156 AD2d 813, lv denied 75 NY2d 919). We also find no basis to disturb the sentence of 3lá 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.

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Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered February 11, 1991, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

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 AD2d 864; People v Bosket, 168 AD2d 833, lv denied 77 NY2d 904; People v Greiner, 156 AD2d 813, lv denied 75 NY2d 919). We also find no basis to disturb the sentence of 3lá 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.

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Bluebook (online)

188 A.D.2d 741, 591 N.Y.S.2d 537, 1992 N.Y. App. Div. LEXIS 13761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gourdine-nyappdiv-1992.

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