New York Court of Appeals

The People of the State of New York v. William Kinchen

October 20, 198360 N.Y.2d 772

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that a State constitutional right‑to‑counsel claim may be raised on appeal even if not preserved at trial, but appellate review requires a sufficient factual record; the defendant's contention that an outstanding bench warrant constituted a pending unrelated charge was rejected because the record showed no police notice or counsel representation.