ALBANY - New York's top court ruled Tuesday that state troopers are not entitled to union counsel during “critical incident reviews” that follow deaths, serious injuries or firing weapons, saying the representation isn't included in their contract.

The Court of Appeals found the contract provides troopers the right to counsel during “administrative interrogations” that could lead to firing or other punishment for violating state police rules.

But the judges said that does not apply to reviews where trooper statements are taken shortly after incidents to give the police superintendent prompt, accurate information for his oversight and to share with the governor, public and media.

The case was brought by the Police Benevolent Association following a 2001 change in practice. A midlevel appeals court concluded that because the incident reports were highly unlikely to result in possible criminal or disciplinary action, there was no injury as a basis for the troopers and union to sue.

They had argued they had such a right under state Civil Service law and constitutional right to counsel.

The Court of Appeals, while assuming they had standing, reached the same conclusion based on their collective bargaining agreement.

“Here, although the parties negotiated a right to representation for administrative interrogations, they failed to enumerate any such right with regard to critical incident reviews,” Chief Judge Judith Kaye wrote. “Because the PBA agreed to a right to counsel only during administrative interrogations, it necessarily waived any representation right troopers may have had during critical incident reviews.”