Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the defendant's sentence to an indeterminate term of 7 1/2 to 15 years' imprisonment; as so modified, the judgment is affirmed.
The defendant's claim that he was denied his right to counsel at the lineup is without merit. A pending unrelated criminal case upon which an arrest warrant has issued does not bar the police from placing the arrested suspect in a lineup for identification in a separate case, provided there is an independent showing of probable cause to arrest him in the separate case (see, People v Kazmarick, 52 N.Y.2d 322; Matter of Santucci v Andrews, 117 Misc.2d 616). A defendant's right to counsel has not attached where lineup procedures occur prior to the initiation of formal judicial proceedings against him (see, Kirby v Illinois, 406 U.S. 682; People v Hawkins, 55 N.Y.2d 474, cert denied 459 U.S. 846).
However, the sentence was excessive to the extent indicated.
We have considered the defendant's remaining contentions, including those raised in his pro se brief, and find them to be either unpreserved for appellate review or without merit. Mangano, J.P., Niehoff, Spatt and Harwood, JJ., concur.