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PEOPLE v. BURNEY

249 A.D.2d 84 (1998)

671 N.Y.S.2d 240

The People of the State of New York, Respondent, v. Raymond Burney, Also Known as Joseph Williams, Appellant

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

April 14, 1998

Defendant's motion to suppress identification testimony was properly denied. Defendant was not denied his right to counsel at his investigatory lineup, since the police efforts to contact defendant's requested attorney, consisting of leaving a message on the attorney's answering machine and then waiting three hours for the attorney to return the call before proceeding with the lineup, were reasonable under all the attendant circumstances...

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