Opinion
October 7, 1992
Appeal from the Supreme Court, Monroe County, Mark, J.
Present — Denman, P.J., Boomer, Balio, Lawton and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: There is no evidence in the record of the suppression hearing to show that defendant's arraignment was delayed for the purpose of depriving defendant of his right to counsel. Defendant is not entitled to a new hearing to present additional evidence, having had the opportunity at the first hearing to litigate that issue (see, People v Cofresi, 60 N.Y.2d 728). Moreover, any delay in the arraignment was justified in light of the ongoing murder investigation (see, People v Hopkins, 58 N.Y.2d 1079; People v Barker, 168 A.D.2d 211, lv denied 77 N.Y.2d 875).
We have examined the other issues raised by defendant and conclude that they lack merit.