People v. Ballew

Judgment unanimously affirmed. Memorandum: Defendant’s primary claim on appeal from convictions for second degree murder and related crimes is that his right to counsel was violated and, therefore, a map locating the victim’s body and incriminating statements he gave to the police should have been suppressed. We disagree. Defendant’s reliance on People v Rogers (48 NY2d 167) and People v Bartolomeo (53 NY2d 225) is misplaced because the right to counsel rule stated therein does not apply where, as here, defendant was being represented on an appeal from a previous criminal conviction (People v…