Opinion
April 8, 1985
Appeal from the County Court, Westchester County (Leggett, J.).
Judgment affirmed.
The search of the van which defendant was driving, in which a revolver was discovered, was based upon probable cause incident to lawful arrests ( see, United States v. Ross, 456 U.S. 798; People v. Belton, 55 N.Y.2d 49, 54-55; People v. Orlando, 56 N.Y.2d 441; People v. Kreichman, 37 N.Y.2d 693).
Defendant's contention that he was deprived of counsel when tests were taken to determine if he had recently fired a weapon is without merit. The record is barren as to any evidence that defendant had requested same, or that the test was performed after the attorney arrived. Further, the right to counsel does not attach when obtaining physical evidence during a preaccusatory stage of a criminal investigation ( see, Gilbert v California, 388 U.S. 263, 267; People v. Goldberg, 19 N.Y.2d 460, cert denied 390 U.S. 909; cf. People v. Hawkins, 55 N.Y.2d 474).
Lastly, there is no merit to defendant's assertion that he was deprived of the effective assistance of counsel at trial ( see, Strickland v. Washington, 466 U.S. 668, 104 S Ct 2052; People v Baldi, 54 N.Y.2d 137; People v. Morris, 100 A.D.2d 630, affd 64 N.Y.2d 803). Mangano, J.P., Brown, Niehoff and Lawrence, JJ., concur.