People v. Cook

Judgment, Supreme Court, New York County (Richard Carruthers, J., at suppression hearing; Carol Berkman, J., at jury trial and sentence), rendered October 30, 1996, convicting defendant of robbery in the second degree and sentencing him, as a second violent felony offender, to a term of 4 to 8 years, unanimously affirmed.

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 AD2d 446, 447, lv denied…