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PEOPLE v. FLOURNOY

303 A.D.2d 762 (2003)

757 N.Y.S.2d 454

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL FLOURNOY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 31, 2003.

Ordered that the judgment is affirmed.

An alleged deprivation of the constitutional right to counsel may be raised on appeal, irrespective of whether such claim has been preserved for appellate review (see People v Kinchen, 60 N.Y.2d 772, 773 [1983]; People v Samuels, 49 N.Y.2d 218, 221 [1980]). However, since the factual record of the pretrial suppression hearing is insufficient...

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