Opinion
June 27, 1994
Appeal from the County Court, Rockland County (Kelly, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
Additionally, the defendant's claim that he was prejudiced by having been shackled during his trial is meritless. The trial court placed a skirt around the defense table so that the jurors could not see the defendant's shackles, and, when there were breaks in the proceedings, the court dismissed the jurors first so as to minimize any chance that they might see the defendant's shackles. Thus, the defendant was not prejudiced (see, People v Tedesco, 143 A.D.2d 155, 159). In any event, it was the defendant's own violent outburst at his competency hearing which made it necessary that he be shackled (see, People v. Johnston, 147 A.D.2d 589).
We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Pizzuto and Florio, JJ., concur.