Opinion
December 28, 1987
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the court's Sandoval ruling, which permitted inquiry only into the defendant's 1983 conviction of attempted burglary in the second degree, should the defendant testify in his own behalf, and excluded reference to seven other convictions, did not represent an abuse of discretion (see, People v Sandoval, 34 N.Y.2d 371; People v Cuesta, 119 A.D.2d 688, 689; People v Edwards, 118 A.D.2d 581, lv denied 67 N.Y.2d 942; People v Torres, 110 A.D.2d 794).
Finally, inasmuch as the lineup conducted at bar was completed prior to the commencement of formal prosecutorial proceedings against the defendant, his right to counsel had not as yet attached (see, Kirby v Illinois, 406 U.S. 682; People v Hawkins, 55 N.Y.2d 474, cert denied 459 U.S. 846; see also, People v La Placa, 127 A.D.2d 610; People v Earley, 118 A.D.2d 868, lv denied 68 N.Y.2d 667). Furthermore, the court's finding that the defendant's counsel did not contact the police until after the lineup had been conducted is supported by the record and, therefore, will not be disturbed (see, People v Norris, 122 A.D.2d 82, lv denied 68 N.Y.2d 916). Mollen, P.J., Lawrence, Weinstein and Kooper, JJ., concur.