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PEOPLE v. WINFIELD

267 A.D.2d 486 (1999)

700 N.Y.S.2d 843

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOAQUIN R. WINFIELD, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 27, 1999.

Ordered that the judgment is affirmed.

The defendant, in effect, acquiesced to appearing before the Grand Jury while in restraints and failed to request an instruction regarding the restraints. Accordingly, the defendant's claim that dismissal of the indictment is required as he was unfairly prejudiced by his appearance before the Grand Jury is without merit (see, People v Rouse, 79 N.Y.2d 934; People v Young,

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