Opinion
April 14, 1998
Appeal from the Supreme Court, New York County (Frederic Berman, J.).
Defendant's motion to suppress identification testimony was properly denied. Defendant was not denied his right to counsel at his investigatory lineup, since the police efforts to contact defendant's requested attorney, consisting of leaving a message on the attorney's answering machine and then waiting three hours for the attorney to return the call before proceeding with the lineup, were reasonable under all the attendant circumstances, including the presence of the three eyewitnesses ( see, People v. Coates, 74 N.Y.2d 244, 249; People v. Irick, 243 A.D.2d 652; People v. Cherry, 161 A.D.2d 185, lv denied 76 N.Y.2d 854). The officers also attempted, unsuccessfully, to secure the Legal Aid Society to serve as counsel for defendant at the lineup.
Concur — Lerner, P.J., Sullivan, Milonas, Ellerin and Andrias, JJ.