PEOPLE v. DAVIS


172 A.D.2d 555 (1991)

The People of the State of New York, Appellant, v. Oscar Davis, Respondent

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

April 1, 1991


Ordered that the order is affirmed.

"Though law enforcement authorities ordinarily are not required to notify counsel of an impending investigatory lineup absent a specific request to do so, when the police are aware that a criminal defendant is represented by counsel and the defendant explicitly requests the assistance of his attorney, the police may not proceed with the lineup without at least apprising the defendant's lawyer of the situation and affording him or...

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