Opinion
December 29, 1995
Appeal from the Supreme Court, Kings County (Goldstein, J.).
Ordered that the judgments are affirmed.
It was not improper for the police to put the defendant in a lineup even though they were aware that he was represented by counsel on an unrelated matter. Formal criminal proceedings against the defendant had not yet commenced and the defendant did not request the assistance of counsel at the lineup (see, People v Hernandez, 70 N.Y.2d 833; People v McKenzie, 180 A.D.2d 827; People v Bryant, 178 A.D.2d 420; cf., People v Coates, 74 N.Y.2d 244; People v LoPizzo, 173 A.D.2d 562).
The defendant's remaining contentions, including those raised in his pro se supplemental brief, were waived as a part of the negotiated plea bargain (see, People v Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1). Rosenblatt, J.P., Copertino, Friedmann and Krausman, JJ., concur.