1.22 - 8. Appellate Preservation Of Right To Counsel (State)

JurisdictionNew York

8. Appellate Preservation of Right to Counsel (State)

Right to counsel claims are excepted from the general rule that unpreserved issues cannot be reviewed on appeal. 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. But such a violation must be established on the face of the record. There must be a factual record sufficient to permit appellate review. The...

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