Opinion
January 13, 2000
Judgments, Supreme Court, New York County (Budd Goodman, J.), rendered July 28, 1995, convicting defendant, upon his pleas of guilty, of two counts of manslaughter, one count of robbery in the first degree, one count of attempted robbery in the first degree and violation of probation under a youthful offender adjudication for attempted sale of a controlled substance in the third degree, and sentencing him to an aggregate term of 20 to 60 years, unanimously affirmed.
Michael S. Morgan for Respondent.
Angela T. Bellizzi Richard M. Greenberg Daniel A. Warshawsky, for Defendant-Appellant.
ROSENBERGER, J.P., MAZZARELLI, WALLACH, SAXE, JJ.
Defendant argues that his statements made before his arraignment on the robbery charge should have been suppressed on the ground that the police unnecessarily delayed the arraignment, thereby preventing the attachment of his right to counsel. However, there was no showing that defendant's arraignment was "imminent" (People v. Lockwood, 44 N.Y.2d 769, revg on dissenting opn. 55 A.D.2d 17, 20-25). The statements are unrelated to the charge on which he was in custody and whose arraignment he alleges was delayed. Moreover, the court properly found delay was necessitated by the police investigation into unrelated homicide charges (People v. Caldwell, 198 A.D.2d 178, lv denied 83 N.Y.2d 803), including the need to arrange a lineup (see, People v. Sease, 265 A.D.2d 176, 696 N.Y.S.2d 430). We have reviewed defendant's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.