Opinion
00-04234
Argued April 29, 2002
May 2, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered April 10, 2000, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Spires, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.
Andrew C. Fine, New York, N.Y. (Jonathan Garelick of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Suzanne H. Middleton of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
The hearing court properly determined that the defendant's right to counsel was not violated during the lineup proceeding. The police did not have to delay the proceeding to further accommodate the defense counsel after he had been informed of the approximate time when the lineup would be conducted (see People v. Riley, 158 A.D.2d 559). Under the circumstances, the defendant was not denied the right to counsel when the police proceeded in his attorney's absence (see People v. Pena, 242 A.D.2d 546 547; cf. People v. Coates, 74 N.Y.2d 244, 248-249).
FEUERSTEIN, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.