The following excerpt is from People v. LaClere, 563 N.Y.S.2d 30, 564 N.E.2d 640, 76 N.Y.2d 670 (N.Y. 1990):
We conclude by noting that we are applying the fundamental principle that "if a suspect already has counsel, his attorney may not be excluded from the lineup proceedings" (see, People v. Hawkins, 55 N.Y.2d 474, 487, 450 N.Y.S.2d 159, 435 N.E.2d 376, supra ). Here, the police should surely not be excused from notifying counsel because delay in conducting the investigatory lineup would not have significantly inconvenienced the witnesses or undermined
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