People v. Brown

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before ROSENBERGER
• Citation: People v. Brown, 618 N.Y.S.2d 297, 209 A.D.2d 233 (N.Y. App. Div. 1994)
• Decision Date: 10 November 1994
• Parties: The PEOPLE of the State of New York, Respondent, v. Gregory BROWN, Defendant-Appellant.

Page 297

618 N.Y.S.2d 297

209 A.D.2d 233

The PEOPLE of the State of New York, Respondent, v. Gregory BROWN, Defendant-Appellant.

Supreme Court, Appellate Division First Department.

Nov. 10, 1994.

Before ROSENBERGER, J.P., and KUPFERMAN, ASCH and TOM, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered January 4, 1991, convicting defendant, after a jury trial, of murder in the second degree and sentencing him to a term of 25 years to life, unanimously affirmed.

We reject defendant's argument that the court erred in not holding a Singer hearing where there was a nine year pre-indictment delay.

The trial court properly denied defendant's speedy trial motion without a hearing on the reasons for the nine-year preindictment delay. Mere length of delay does not entitle a defendant to a hearing where, as here, there is no showing of prejudice and no dispute as to the facts showing that the investigation proceeded in good faith (cf., People v. Singer, 44 N.Y.2d 241, 245, 405 N.Y.S.2d 17, 376 N.E.2d 179). Nor should there be a reversal because of the trial court's refusal to submit to the jury whether the former gang member who allegedly arranged the meeting at which defendant was instructed to kill the victim was an accomplice. Although different inferences can reasonably be drawn from the proof bearing on the complicity of this witness, any error in not submitting an "accomplice as a matter of fact" charge was harmless in view of the overwhelming corroborative proof of defendant's participation as getaway driver in this execution style slaying (see, People v. Navares,...