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PEOPLE v. RAMOS

99 N.Y.2d 27 (2002)

780 N.E.2d 506

750 N.Y.S.2d 821

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HILBERTO RAMOS, Appellant.

Court of Appeals of the State of New York.

Decided October 22, 2002.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Richard Joselson and Andrew C. Fine of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Donna Aldea and John M. Castellano of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

In People v Kinchen (60 N.Y.2d 772, 773 [1983]), we held 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." On this appeal, defendant argues that an intentional...

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