People v. Lloyd Winston G.

OPINION OF THE COURT

Memorandum.

In People v Coleman (43 NY2d 222) we held that an order directing a defendant to appear in a lineup was " 'sufficiently "judicial” in nature, not unlike arraignment or the issuance of an arrest warrant, so that a right to counsel exists at "critical stages” held after that order is issued’ ” (id., at p 225 quoting *964from People v Sugden, 35 NY2d 453, 461). Hence, appellant had the right to the presence of counsel at the lineup, the denial of which requires suppression of the identification made at that time.*

Inasmuch as the error is of constitutional magnitude, a…