Opinion
2000-04227
January 24, 2003.
February 13, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered April 18, 2000, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Cooperman, J.), of that branch of the defendant's omnibus motion which was to suppress his statement to law enforcement officials.
Andrew C. Fine, New York, N.Y. (John Schoeffel of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Debra J. Kondel of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, his spontaneous statement, made after a police officer arrested him but before Miranda warnings (see Miranda v. Arizona, 384 U.S. 436), were given, was not triggered by any police conduct which could reasonably have been anticipated to evoke a declaration from him (see People v. Lynes, 49 N.Y.2d 286, 295; People v. West, 237 A.D.2d 315; People v. Webb, 224 A.D.2d 464).
The hearing court acted within its discretion in determining that the court-appointed certified interpreter was competent (see People v. Hubbard, 184 A.D.2d 781; People v. Catron, 143 A.D.2d 468). There was no proof that any serious error in translation occurred during the hearing that would warrant a reversal (see People v. Rolston, 109 A.D.2d 854; cf. People v. Pavao, 59 N.Y.2d 282).
FEUERSTEIN, J.P., KRAUSMAN, McGINITY and MASTRO, JJ., concur.