Opinion
January 15, 1998
Appeal from the Supreme Court, Bronx County (David Levy, J., at hearing; Joseph Di Fede, J., at plea, and in absentia sentencing; Lawrence Tonetti, J., at sentence execution).
Defendant's sentence was properly executed. His due process rights were not violated since he was not entitled to counsel at the execution of sentence, which is "not a critical stage of the * * * criminal proceeding" ( People v. Harris, 79 N.Y.2d 909, 910).
Defendant's suppression motion was properly denied. Although the identification procedure was "police-arranged" in the sense that the complainant was escorted by detectives to the area where the crime occurred for the purpose of trying to find the assailants, such that a hearing was properly granted ( People v. Dixon, 85 N.Y.2d 218, 223), the actual identification was not the product of any suggestiveness by police, and indeed was entirely spontaneous and unprompted.
Concur — Rosenberger, J.P., Williams, Andrias and Colabella, JJ.