People v. Kinchen

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant correctly points out 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 (People v Samuels, 49 NY2d 218, 221; People v Ermo, 47 NY2d 863, 865). This does not, *774however, dispense with the need for a factual record sufficient to permit appellate review (People v Charleston, 54 NY2d 622, 623; People v De Mauro, 48 NY2d 892, 893).…