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People v. Charleston

425 N.E.2d 881, 54 N.Y.2d 622, 442 N.Y.S.2d 493, 1981 N.Y. LEXIS 2588
CourtNew York Court of Appeals
DecidedJune 16, 1981
StatusPublished
Cited by49 cases

This text of 425 N.E.2d 881 (People v. Charleston) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Charleston, 425 N.E.2d 881, 54 N.Y.2d 622, 442 N.Y.S.2d 493, 1981 N.Y. LEXIS 2588 (N.Y. 1981).

Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

True it is, as defendant contends, that deprivation of counsel issues need not be preserved (People v Carmine A., 53 NY2d 816; People v Samuels, 49 NY2d 218, 221; People v Ermo, 47 NY2d 863). However, in this case that question is academic. Defendant pleaded guilty in County Court before the trial commenced without having made a motion to suppress the statements which he now contends were elicited in violation of his right to counsel. Since there is, therefore, neither a trial nor a suppression record, nor, for that matter, any factual record on this subject, appellate review is precluded (People v De Mauro, 48 NY2d 892, 893).

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Bluebook (online)
425 N.E.2d 881, 54 N.Y.2d 622, 442 N.Y.S.2d 493, 1981 N.Y. LEXIS 2588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-charleston-ny-1981.