People v. Yut Wai Tom

OPINION OF THE COURT

Meyer, J.

Defendant’s right to counsel at a postarraignment lineup conducted in the absence of counsel was waived *48where defendant’s counsel, having arranged with the prosecutor the physical details of the lineup and the questions to be asked and having discussed with defendant his reasons for not remaining for the actual lineup and obtained defendant’s consent, advised the prosecutor that the lineup should proceed in his absence, even though defendant did not himself communicate the waiver to the prosecutor and counsel was not in defendant’s presence when he did. While the…