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PEOPLE v. W.

81 N.Y.2d 370 (1993)

The People of the State of New York, Respondent, v. Kenneth West, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1993.

Attorney(s) appearing for the Case

Frances A. Gallagher, New York City, and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Mary C. Farrington and Mark Dwyer of counsel), for respondent.

Judges TITONE, HANCOCK, JR., BELLACOSA and SMITH concur with Chief Judge KAYE; Judge SIMONS dissents and votes to affirm in a separate opinion.

Chief Judge KAYE.

A defendant's State constitutional right to counsel "indelibly attaches" upon actual representation in a criminal matter. The question before us on this appeal — where defendant's right to counsel unquestionably attached by virtue of counsel's representation of him in the matter at issue — is what indelible attachment means in those circumstances...

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