People v. Brinson

— Judgment unanimously reversed on the law, plea vacated, motion granted and matter remitted to Ontario County Court for further proceedings on the indictment. Memorandum: County Court erred in denying defendant’s motion to suppress the lineup identification because the lineup was conducted in violation of his right to counsel. Defendant had the right to have counsel present for the lineup before and during the identification procedure (see, People v Blake, 35 NY2d 331; see also, People v Coates, 74 NY2d 244; People v Hawkins, 55 NY2d 474, 485, cert denied 459 US 846). It was in defendant’s…