PEOPLE v. NARAYAN


54 N.Y.2d 106 (1981)

The People of the State of New York, Appellant, v. Suraj Narayan, Respondent.

Court of Appeals of the State of New York.

Decided October 29, 1981.


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Barry A. Schwartz and Joan L. Craig of counsel), for appellant.

Anthony V. Lombardino for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG concur with Judge JONES; Judge MEYER concurs in result in a separate opinion.


JONES, J.

The contention that the trial court interfered with defendant's constitutional right to assistance of counsel was not preserved for appellate review inasmuch as no timely protest was registered. Because the Appellate Division erred as a matter of law in addressing the issue on the alternative predicates that the contention of error had been preserved or that, if it had not been preserved, preservation...

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