People v. McLean
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We have held that, where a defendant’s statement to law enforcement authorities is obtained in violation of his right to counsel, the use of that statement against defendant at trial is an error that may be raised on appeal, even if the issue was not preserved. Appellate review of such an unpreserved error is available, however, only when the error is established on the face of the record. Here, the record is inadequate, and we therefore cannot review the right to counsel issue.
Defendant pleaded guilty to a 16-count indictment charging him with various crimes,…
2Cases cited10 opinions
- People v. ThomasNew York Court of Appeals · 1980
- People v. SamuelsNew York Court of Appeals · 1980
- People v. KinchenNew York Court of Appeals · 1983
- People v. ArthurNew York Court of Appeals · 1968
- People v. WestNew York Court of Appeals · 1993
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