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PEOPLE v. COOK

254 A.D.2d 92 (1998)

681 N.Y.S.2d 486

The People of the State of New York, Respondent, v. Carl Cook, Appellant

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

October 13, 1998

Defendant's motion to suppress identification testimony was properly denied. Since neither defendant nor the attorney representing him on another case requested counsel's presence at the lineup, the right to counsel did not attach (People v Foy, 212 A.D.2d 446, 447, lv denied 85 N.Y.2d 938). A review of the lineup photos confirms the court's determination that, except for one individual, differences in height and weight between...

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