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PEOPLE v. NEUBAUER
Appellate Division of the Supreme Court of New York, Second Department.
Jul 22, 2002
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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.
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