Opinion
October 7, 1999
Alice Wiseman, for Respondent.
Jerald Rosenthal, for Defendant-Appellant.
ROSENBERGER, J.P., TOM, MAZZARELLI, SAXE, BUCKLEY, JJ.
Judgment, Supreme Court, New York County (Joan Sudolnik, J., at suppression hearing; Bernard Fried, J., at plea and sentence), rendered September 25, 1998, convicting defendant of assault in the second degree, and sentencing him to a term of 2 to 4 years, unanimously affirmed.
Defendant's suppression motion was properly denied in all respects. Contrary to defendant's argument, there was no evidence that the police intentionally deprived defendant of access to his family in an effort to bar his exercise of his right to counsel and to obtain a confession (see, People v. Fuschino, 59 N.Y.2d 91, 100). The record also supports the court's findings with respect to defendant's ability to understand English (see, People v. Prochilo, 41 N.Y.2d 759, 761).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.