People v. Narayan

*110OPINION OF THE COURT

Jones, J.

The contention that the trial court interfered with defendant’s constitutional right to assistance of counsel was not preserved for appellate review inasmuch as no timely protest was registered. Because the Appellate Division erred as a matter of law in addressing the issue on the alternative predicates that the contention of error had been preserved or that, if it had not been preserved, preservation was not required, the case must be remitted to that court for reconsideration.

Defendant’s trial on an indictment charging him with murder in the second degree,…