Under NY law, line-ups or show-ups before charges may be conducted if the defendant is aware of counsel or requests counsel. Choose the correct combination.

• A. D is aware he has counsel
• B. D requests counsel
• C. Both A and B
• D. Neither A nor B

Answer: (C)

In NY, identification procedures before charges can go forward with counsel present if the defendant either knows he has counsel or asks for counsel. This protects the defendant’s rights by making sure a lawyer can be involved during the lineup or show-up.

The correct choice reflects that there are two independent ways the procedure may be permissible: the defendant being aware of counsel, or the defendant requesting counsel. Either condition supports proceeding with counsel present, so the option that encompasses both situations is the right one. The other options would misstate the rule by implying only one trigger or none is allowed.