PEOPLE v. PARKER

Judgment unanimously reversed, on the law and facts, and new trial granted. Memorandum: Defendant's confession which was obtained outside the presence of counsel after the filing of a felony complaint and the issuance of an arrest warrant should be suppressed (People v. Samuels, 49 N.Y.2d 218). The claim that defendant was deprived of counsel may be raised for the first time on appeal (People v. Samuels, supra, p 221). Although the defendant was arrested pursuant to a warrant issued following the filing of the felony complaint on October 27, 1977, People v Samuels (supra), decided on January 15, 1980, must be given retroactive application (see People v. Cullen, 50 N.Y.2d 168; see, also, People v. Bell, 50 N.Y.2d 869).