People v. West

• Court: New York Supreme Court — Appellate Division
• Citation: People v. West, 583 N.Y.S.2d 396, 183 A.D.2d 419 (N.Y. App. Div. 1992)
• Decision Date: 07 May 1992
• Parties: The PEOPLE of the State of New York, Respondent, v. Kenneth WEST, Defendant-Appellant.

Page 396

583 N.Y.S.2d 396

183 A.D.2d 419

The PEOPLE of the State of New York, Respondent, v. Kenneth WEST, Defendant-Appellant.

Supreme Court, Appellate Division First Department.

May 7, 1992.

Before MURPHY, P.J., and MILONAS, ELLERIN, ASCH and RUBIN, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (Torres, J.), rendered July 12, 1988, convicting defendant, after a jury trial, of murder in the second degree and sentencing him to 25 years to life imprisonment, to run consecutive to an unexpired federal sentence, unanimously affirmed.

On February 15, 1982, defendant participated in the shooting death of a motorist who had inadvertently parked his automobile in front of a building utilized by defendant and his cohorts in their drug operation. Defendant, while represented by counsel, voluntarily participated in an inconclusive line-up, resulting in the termination of the investigation. Some three years later, in 1985, another participant in the shooting, Michael Davenport, entered into a cooperation agreement with the authorities, along with his brother, Mark Davenport. It was Mark Davenport, who in furtherance of his cooperation agreement, engaged defendant in discussions during which defendant made several inculpatory statements which were recorded.

Although defendant had been represented by counsel during the line-up in 1982, that investigation had been terminated some 3 1/2 years prior to the conversations with the police informant. (See, People v. Colwell, 65 N.Y.2d 883, 885, 493 N.Y.S.2d 298, 482 N.E.2d 1214; see People v. Davis, 75 N.Y.2d 517, 522, 554 N.Y.S.2d 460, 553 N.E.2d 1008). Further, these conversations were noncustodial.

We reject defendant's contention that the trial court erred by refusing to provide an...