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PEOPLE v. KINCHEN

60 N.Y.2d 772 (1983)

The People of the State of New York, Respondent, v. William Kinchen, Appellant.

Court of Appeals of the State of New York.

Decided October 20, 1983.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Peter D. Braun of counsel), for appellant.

Howard R. Relin, District Attorney (Terry M. Servis of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant correctly points out that a claimed deprivation of the State constitutional right to counsel may be raised on appeal, notwithstanding that the issue was not preserved by having been specifically raised in a suppression motion or at trial (People v Samuels, 49 N.Y.2d 218, 221; People v Ermo

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