Opinion
March 9, 1998
Appeal from the Supreme Court, Queens County (Browne, J.).
Ordered that the judgment is affirmed.
The defendant claims that the delay between his arrest and subsequent arraignment was deliberately calculated to deprive him of his right to counsel ( see, e.g., People v. Mosley, 135 A.D.2d 662). As a general rule, however, an unnecessary delay in arraignment, without more, does not cause the accused's right to counsel to attach ( see, People v. Hopkins, 58 N.Y.2d 1079; People v. Beckham, 174 A.D.2d 748; People v. Mosley, supra). Here, there is no evidence in the record to support the defendant's claim ( see, People v. Ortlieb, 84 N.Y.2d 989; People v. Henry, 186 A.D.2d 986; see also, People v. Kinchen, 60 N.Y.2d 772).
Rosenblatt, J. P., Ritter, Copertino and Goldstein, JJ., concur.