People v. Wright

"[T]he law is clear that the indelible and nonwaivable right to counsel arises only after an accusatory instrument has been filed, as this is the means by which a criminal action is formally commenced” (People v Horn, 161 AD2d 603, 604; see, CPL 1.20 [1], [8], [17]; People v Samuels, 49 NY2d 218). Moreover, it is the filing and not the filling out of the felony complaint which commences the prosecution for purposes of the attachment of *710the defendant’s right to counsel (see, People v Lane, 64 NY2d 1047). Here, the defendant was not denied his right to counsel and the statements he made to…