The People of the State of New York, Respondent v. Samuel McLean, Appellant

Summary

The Court affirmed the Appellate Division, holding that an unpreserved right‑to‑counsel claim cannot be reviewed on direct appeal when the record is inadequate to establish the violation on its face. The decision notes that such claims are reviewable only if the record conclusively shows a constitutional breach, otherwise review is limited to a post‑trial motion under CPL 440.10. Justice Jones dissented, arguing the record was sufficient and the conviction should be reversed.