Opinion
May 1, 1989
Appeal from the Supreme Court, Suffolk County (D'Amaro, J.).
Ordered that the judgments are affirmed.
While a defendant may, for the first time on appeal, assert a claimed deprivation of the State constitutional right to counsel (see, People v Samuels, 49 N.Y.2d 218, 221), "[t]his does not, however, dispense with the need for a factual record sufficient to permit appellate review" (People v Kinchen, 60 N.Y.2d 772, 773-774; see, People v Donovon, 107 A.D.2d 433, 441). Since the hearing record is devoid of any evidence that the defendant was represented by counsel on pending charges when he confessed to the crimes of which he now stands convicted, the defendant's claim must fail (see, People v Kazmarick, 52 N.Y.2d 322; People v Rapinett, 113 A.D.2d 959; People v Donovon, supra).
We have examined the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Kooper, Harwood and Balletta, JJ., concur.