Opinion
June 24, 1996
Appeal from the County Court, Dutchess County (Marlow, J.).
Ordered that the judgment is affirmed.
"[T]he law is clear that the indelible and nonwaivable right to counsel arises only after an accusatory instrument has been filed, as this is the means by which a criminal action is formally commenced" ( People v. Horn, 161 A.D.2d 603, 604; see, CPL 1.20, [8], [17]; People v. Samuels, 49 N.Y.2d 218). Moreover, it is the filing and not the filling out of the felony complaint which commences the prosecution for purposes of the attachment of the defendant's right to counsel ( see, People v. Lane, 64 N.Y.2d 1047). Here, the defendant was not denied his right to counsel and the statements he made to police officers upon his arrest were properly admitted into evidence where the felony complaint was not filed until after the defendant was arrested. Moreover, the defendant's sentence was not excessive ( see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review ( see, CPL 470.05). Pizzuto, J.P., Santucci, Altman and Hart, JJ., concur.