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PEOPLE v. CHARLESTON

54 N.Y.2d 622 (1981)

The People of the State of New York, Respondent, v. Kevin Charleston, Appellant.

Court of Appeals of the State of New York.

Decided June 16, 1981.

Attorney(s) appearing for the Case

Thomas J. Snider for appellant.

William H. Power, Jr., District Attorney (Robert M. Pitler and Vivian Berger of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

True it is, as defendant contends, that deprivation of counsel issues need not be preserved (People v Carmine A., 53 N.Y.2d 816; People v Samuels, 49 N.Y.2d 218, 221; People v Ermo, 47 N.Y.2d 863). However, in this case...

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