Opinion
May 2, 1996
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
Defendant was not denied his right to counsel even though at the moment of viewing by each of two witnesses, his attorney was not allowed into a viewing room that was too small to accommodate anyone other than the witness and the officer conducting the lineup. Defendant's attorney was effectively permitted to perform the functions of counsel where he approved the lineup and the placing of the defendant and where the witnesses, in his presence, were told not to speak until outside the viewing room and in his presence, and, standing right outside the viewing room, the door to which was left partially open, he would be able to hear if anything was said ( compare, People v. Andriani, 67 A.D.2d 20, 23; People v. Drummond, 134 A.D.2d 276). Furthermore, the record does not contain any objection by counsel at the lineup that he could hear or see into the viewing room. Moreover, aside from the lineup evidence, other proof of defendant's identity was overwhelming ( see, People v. Adams, 53 N.Y.2d 241, 252).
Concur — Sullivan, J.P., Ellerin, Rubin, Ross and Nardelli, JJ.