The People of the State of New York, Respondent, v. Justo Richards, Appellant

The People of the State of New York, Respondent, v Justo Richards, Appellant. [MAJORITY] Appeal by defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered January 4, 1983, convicting him of murder in the second degree, manslaughter in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Defendant was not deprived of his constitutional right to counsel when he was arrested and placed in a lineup without an attorney being present to represent him (People v Hawkins, 55 NY2d 474, cert denied 459 US 846; People v Robertson, 109 AD2d 806). In People v Hawkins (supra, p 485), the Court of Appeals expressly rejected the notion that there is a right to counsel at an investigatory lineup, conducted before the filing of an accusatory instrument, noting that there are significant differenees between the active role of an attorney during interrogation and the more passive one in observing a lineup. Defendant’s remaining contentions, including those included in his pro se supplemental brief, have been considered and found to be without merit. Bracken, J. P., O’Connor, Rubin and Lawrence, JJ., concur.