People v. Fay

Appellate Division of the Supreme Court of New York

People v. Fay

266 A.D.2d 11, 697 N.Y.S.2d 608, 1999 N.Y. App. Div. LEXIS 11173

Appellate Division of the Supreme Court of the State of New York·Decided November 4, 1999·Published

Opinion

—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 [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.

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—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 [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.

People v. Fay, 266 A.D.2d 11, 697 N.Y.S.2d 608, 1999 N.Y. App. Div. LEXIS 11173 (N.Y. Ct. App. 1999).

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Opinion

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