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PEOPLE v. ROBLES

17 A.D.3d 136 (2005)

792 N.Y.S.2d 448

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY ROBLES, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 7, 2005.

In People v Mitchell (2 N.Y.3d 272 [2004]), the Court of Appeals recently held that: "Even before the commencement of formal proceedings . . . the right to counsel at an investigatory lineup will attach in either of two circumstances. The first is when counsel has actually entered the matter under investigation. The second is when a defendant in custody, already represented by counsel on an unrelated case, invokes the right by requesting...

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