People v. Davis — 276 A.D.2d 801

Majority

p. 801

The People of the State of New York, Respondent, v Gordon Davis, Appellant.

[715 NYS2d 153]

Appeal by the defendant from a judgment of the County Court, Suffolk County (Mullen, J.), rendered July 29, 1998, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The court properly permitted the prosecutor to use the defendant’s testimony from a prior trial involving another participant in the murder and the defendant’s prior statement to the police as evidence at his own trial (see, People v Evans, 58 NY2d 14 , 24).

The defendant was not deprived of the effective assistance of counsel (see, People v Smith, 59 NY2d 156 ; People v Rosenblum, 218 AD2d 823 ). His sentence was not excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. Bracken, J. P., Thompson, Altman and McGinity, JJ., concur.

Cases cited

People v. Evans 58 NY2d 14 N.Y. 1982-12-14 at 24 p. 801
People v. Smith 59 NY2d 156 N.Y. 1983-06-07 p. 801
People v. Rosenblum 218 AD2d 823 N.Y. App. Div. 1995-08-28 p. 801
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 801