PEOPLE v. CUMMINGS


288 A.D.2d 234 (2001)

732 N.Y.S.2d 362

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMIE CUMMINGS, Appellant.

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

Decided November 5, 2001.


Ordered that the judgment is affirmed.

The defendant contends that he was deprived of his right to counsel at a lineup. However, the record establishes that defense counsel was made aware that the lineup was about to begin, which belies the claim that she, in effect, was excluded from being present at the lineup. Under these circumstances, the hearing court properly determined that the defendant was not deprived of his right to counsel and properly refused to suppress...

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