Opinion
October 20, 1997
Appeal from Supreme Court, Kings County (Gary, J.).
The hearing court properly refused to suppress the identification testimony. The police officers who conducted the lineup made several calls to the defendant's attorney before proceeding with the lineup. Under these circumstances, the defendant was not denied the right to counsel when the police proceeded in the attorney's absence ( see, People v. McRae, 195 A.D.2d 180, 187-188; People v. Riley, 158 A.D.2d 559).
The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05) and, in any event, without merit.
Bracken, J.P., Rosenblatt, Copertino and Luciano, JJ., concur.