PEOPLE v. LoPIZZO


151 A.D.2d 614 (1989)

The People of the State of New York, Respondent, v. Salvatore LoPizzo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 12, 1989


Ordered that the judgments are affirmed.

Contrary to the defendant's contentions, he was not denied his right to counsel at the corporeal lineups in which he was positively identified by three of the robbery victims. These lineups occurred on the evening of his arrest, prior to the filing of the felony complaint which commenced the prosecution (CPL 1.20 [8], [17]). Thus, at the time of the lineups, the defendant had no right to counsel (see, People v Hawkins...

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