PEOPLE v. FAY (1999)

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 A.D.2d 92, 681 N.Y.S.2d 486, lv. denied 93 N.Y.2d 851, 688 N.Y.S.2d 499, 710 N.E.2d 1098).

Also, we find that the police efforts to notify that attorney were reasonable under the circumstances (People v. Burney, 249 A.D.2d 84, 671 N.Y.S.2d 240, lv. denied 92 N.Y.2d 923, 680 N.Y.S.2d 464, 703 N.E.2d 276;  People v. Coates, 74 N.Y.2d 244, 249, 544 N.Y.S.2d 992, 543 N.E.2d 440;  People v. Irick, 243 A.D.2d 652, 663 N.Y.S.2d 246, lv. denied 91 N.Y.2d 926, 670 N.Y.S.2d 408, 693 N.E.2d 755;  and, People v. Cherry, 161 A.D.2d 185, 554 N.Y.S.2d 884, lv. denied 76 N.Y.2d 854, 560 N.Y.S.2d 993, 561 N.E.2d 893).

We perceive no abuse of discretion in sentencing.

MEMORANDUM DECISION.