Opinion
April 2, 1992
Appeal from the County Court of Chemung County (Castellino, J.).
Defendant initially contends that he was denied a fair trial because he appeared before the jury in leg shackles. Evidence in the record indicates that defendant had exhibited assaultive behavior toward facility staff and other inmates, he had made suicide attempts and was considered an escape risk. Under the circumstances, we find that County Court properly exercised its discretion in requiring defendant to remain in leg shackles during the trial while ordering the removal of his handcuffs (see, People v Brown, 176 A.D.2d 408; People v Johnston, 147 A.D.2d 589, 590, lv denied 74 N.Y.2d 665). We also find no abuse of discretion by County Court or extraordinary circumstances warranting a reduction in defendant's prison sentence of 3 1/2 to 7 years, especially in light of his history of violent behavior (see, People v Brown, supra; People v Andrews, 115 A.D.2d 807).
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.