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PEOPLE v. LaCLERE

157 A.D.2d 473 (1990)

The People of the State of New York, Respondent, v. John LaClere, Also Known as Johnny LaClere, Also Known as Juan Ortega, Appellant

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

January 9, 1990

"There is no Federal or State constitutional right to counsel for an accused at a preindictment lineup" (People v Hernandez, 70 N.Y.2d 833, 835; People v Hawkins, 55 N.Y.2d 474, cert denied 459 U.S. 846). While it is true that if a defendant has actually engaged counsel prior to the lineup that attorney may not be deliberately excluded, no such exclusion occurred here. We read

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