People v. Melendez, 28.

CourtNew York Court of Appeals
Citation8 N.Y.2d 886,865 N.E.2d 1
Docket Number28.
PartiesThe PEOPLE of the State of New York, Respondent, v. Orlando MELENDEZ, Appellant.
Decision Date22 March 2007
865 N.E.2d 1
8 N.Y.2d 886
The PEOPLE of the State of New York, Respondent,
v.
Orlando MELENDEZ, Appellant.
28.
Court of Appeals of New York.
March 22, 2007.

Edward J. Nowak, Public Defender, Rochester (Brian Shiffrin of counsel), for appellant.

Michael C. Green, District Attorney, Rochester (Arthur G. Weinstein of counsel), for respondent.


8 N.Y.2d 887

MEMORANDUM:

The order of the Appellate Division should be affirmed.

During the testimony of a non-English-speaking witness, the trial court required defendant's court-appointed interpreter to stand at the back of the courtroom and interpret for the entire court, rather than solely for defendant. The constitutional issues defendant raises—including the violation of his right to counsel, his right to be present and his right to participate in his own defense—were not presented to the trial court and are thus not preserved for our review. Defendant's remaining contentions regarding alleged inaccurate translation of complainant's testimony and faulty instructions to the grand jury are without merit.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

Judge PIGOTT took no part.

Order affirmed, in a memorandum.

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4 practice notes
  • People v. Robles
    • United States
    • New York Supreme Court Appellate Division
    • April 30, 2010
    ...in interpreting the testimony of two Spanish-speaking witnesses for the jury ( see People v. Melendez, 8 N.Y.3d 886, 832 N.Y.S.2d 893, 865 N.E.2d 1). In any event, we reject that contention. "There is no evidence that defendant's ability to communicate with [defense counsel] was compro......
  • People v. Reed, 779
    • United States
    • New York Supreme Court Appellate Division
    • July 6, 2018
    ...of the owner (see People v. Melendez, 24 A.D.3d 1223, 1223, 805 N.Y.S.2d 914 [4th Dept. 2005], affd 8 N.Y.3d 886, 832 N.Y.S.2d 893, 865 N.E.2d 1 [2007] ; see generally People v. Frumusa, 134 A.D.3d 1503, 1504, 22 N.Y.S.3d 737 [4th Dept. 2015], affd 29 N.Y.3d 364, 57 N.Y.S.3d 103, 79 N.E.3d ......
  • People v. Chiarappa
    • United States
    • New York Supreme Court Appellate Division
    • November 12, 2010
    ...he was denied the right to present a defense at his probation revocation hearing ( see People v. Melendez, 8 N.Y.3d 886, 832 N.Y.S.2d 893, 865 N.E.2d 1; People v. Dorn, 71 A.D.3d 1523, 895 N.Y.S.2d 906) and, in any event, we conclude that defendant was " 'afforded [the requisite] oppor......
  • People v. Albert, 223
    • United States
    • New York Supreme Court Appellate Division
    • April 27, 2018
    ...by virtue of the interpreter's alleged translation errors (see CPL 470.05 [2] ; People v. Melendez, 8 N.Y.3d 886, 887, 832 N.Y.S.2d 893, 865 N.E.2d 1 [2007] ; People v. Duenas, 120 A.D.2d 978, 978–979, 502 N.Y.S.2d 873 [4th Dept. 1986] ; see also People v. Wong, 256 A.D.2d 724, 724–725, 682......
4 cases
  • People v. Robles
    • United States
    • New York Supreme Court Appellate Division
    • April 30, 2010
    ...in interpreting the testimony of two Spanish-speaking witnesses for the jury ( see People v. Melendez, 8 N.Y.3d 886, 832 N.Y.S.2d 893, 865 N.E.2d 1). In any event, we reject that contention. "There is no evidence that defendant's ability to communicate with [defense counsel] was compro......
  • People v. Reed, 779
    • United States
    • New York Supreme Court Appellate Division
    • July 6, 2018
    ...of the owner (see People v. Melendez, 24 A.D.3d 1223, 1223, 805 N.Y.S.2d 914 [4th Dept. 2005], affd 8 N.Y.3d 886, 832 N.Y.S.2d 893, 865 N.E.2d 1 [2007] ; see generally People v. Frumusa, 134 A.D.3d 1503, 1504, 22 N.Y.S.3d 737 [4th Dept. 2015], affd 29 N.Y.3d 364, 57 N.Y.S.3d 103, 79 N.E.3d ......
  • People v. Chiarappa
    • United States
    • New York Supreme Court Appellate Division
    • November 12, 2010
    ...he was denied the right to present a defense at his probation revocation hearing ( see People v. Melendez, 8 N.Y.3d 886, 832 N.Y.S.2d 893, 865 N.E.2d 1; People v. Dorn, 71 A.D.3d 1523, 895 N.Y.S.2d 906) and, in any event, we conclude that defendant was " 'afforded [the requisite] oppor......
  • People v. Albert, 223
    • United States
    • New York Supreme Court Appellate Division
    • April 27, 2018
    ...by virtue of the interpreter's alleged translation errors (see CPL 470.05 [2] ; People v. Melendez, 8 N.Y.3d 886, 887, 832 N.Y.S.2d 893, 865 N.E.2d 1 [2007] ; People v. Duenas, 120 A.D.2d 978, 978–979, 502 N.Y.S.2d 873 [4th Dept. 1986] ; see also People v. Wong, 256 A.D.2d 724, 724–725, 682......

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