PEOPLE v. MOORE


255 A.D.2d 340 (1998)

681 N.Y.S.2d 39

The People of the State of New York, Respondent, v. Damon Moore, Appellant

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

November 2, 1998


Ordered that the judgment is affirmed.

The hearing court properly refused to suppress the identification testimony. The police officer who conducted the lineup made several calls to the defendant's attorney before proceeding with the lineup. Under these circumstances, the defendant was not denied the right to counsel when the police proceeded in the attorney's absence (see, People v Irick, 243 A.D.2d 652; People...

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