Opinion
July 29, 1985
Appeal from the Supreme Court, Suffolk County (Gorman, J.).
Judgment affirmed.
There is no evidence that defendant was denied assistance of counsel. He was not entitled to the assistance of counsel at the lineups since they were conducted prior to the filing of any formal accusatory instrument ( People v. Hawkins, 55 N.Y.2d 474, cert denied 459 U.S. 846; People v. Blake, 35 N.Y.2d 331.) We have considered defendant's other contentions and find them to be without merit. Lazer, J.P., Gibbons, Bracken and Niehoff, JJ., concur.