Opinion
November 15, 1988
Appeal from the Oneida County Court, Buckley, J.
Present — Callahan, J.P., Doerr, Green, Pine and Davis, JJ.
Order unanimously affirmed. Memorandum: We find the suppression court's determination that the People failed to prove that defendant was fully informed of his right to counsel and effectively waived this right to be supported by the record (see, People v. Dorn, 105 Misc.2d 244, 246-247). We decline to reach the procedural issue raised by the People for the first time on appeal (see, People v. Stith, 69 N.Y.2d 313, 320; People v. Nieves, 67 N.Y.2d 125, 135-136; People v. Johnson, 64 N.Y.2d 617, 619, n 2; People v. Dodt, 61 N.Y.2d 408, 416; People v. Evans, 58 N.Y.2d 14, 21, n 1).