People v. McCooey

Judgment unanimously affirmed. Memorandum: The identification testimony was not the product of an impermissibly suggestive lineup. The County Court’s finding that the lineup was conducted fairly is entitled to great weight and is supported by the record (see, People v Prochilo, 41 NY2d 759, 761). The court’s finding that defendant’s statements were voluntarily made and not taken in violation of his right to counsel is also supported by the record. The arresting officer testified that defendant never requested counsel. Defendant claimed that he did request counsel but could not identify the…