E. Right To Counsel

• Jurisdiction: New York

E. Right to Counsel

Once the accused's right to counsel attaches, an accused cannot waive counsel's presence at an identification procedure in the absence of counsel.³⁴⁸ The right to counsel usually attaches after the initiation of criminal proceedings.³⁴⁹ There is no right to counsel at a prompt show-up,³⁵⁰ at an unarranged confrontation³⁵¹ and usually not at an investigatory lineup.³⁵² There is no federal or state constitutional right to counsel at a pre-indictment lineup.³⁵³ Although not absolute, the right to counsel may arise at an investigatory lineup when the suspect insists that the attorney currently representing him or her be present.³⁵⁴ That right can also be activated when the suspect's attorney announces that he or she is the attorney for the suspect on the matter under investigation and when the attorney seeks judicial admonition based on that status.³⁵⁵

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Notes:

^[348] People v. Blake, 35 N.Y.2d 331, 361 N.Y.S.2d 881 (1974); see People v. Hawkins, 55 N.Y.2d 474, 450 N.Y.S.2d 159, cert. denied, 459 U.S. 846 (1982); People v. Settles, 46 N.Y.2d 154, 412 N.Y.S.2d 874 (1978); People v. Coleman, 43 N.Y.2d 222, 401 N.Y.S.2d 57 (1977); People v. Burwell...