Majority
p. 11The People of the State of New York, Respondent, v Dennis Fay, Appellant. [697 NYS2d 608]
—Judgment, Supreme Court, New York County (Rena Uviller, J., at suppression hearing; Joan Sudolnik, J., at jury trial and sentence), rendered September 12, 1995, convicting defendant of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
Defendant’s right to counsel did not attach as counsel’s letter did not constitute a recognizable request to attend the lineup, and defendant did not make any such request (see, People v Cook, 254 AD2d 92 , lv denied 93 NY2d 851 ).
Also, we find that the police efforts to notify that attorney
p. 12
were reasonable under the circumstances (People v Burney, 249 AD2d 84 , lv denied 92 NY2d 923 ; People v Coates, 74 NY2d 244 , 249; People v Irick, 243 AD2d 652 , lv denied 91 NY2d 926 ; People v Cherry, 161 AD2d 185 , lv denied 76 NY2d 854 ).
We perceive no abuse of discretion in sentencing. Concur— Rubin, J. P., Andrias, Saxe, Buckley and Friedman, JJ.
Cases cited
- People v. Coates 74 NY2d 244 at 249 p. 12
- People of State of New York v. Cherry 161 AD2d 185 p. 12