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People v. Reyes

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 626 (N.Y. App. Div. 1990)

Opinion

February 20, 1990

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

The court did not err in failing to appoint an interpreter to assist the defendant at trial, since no such request was made by the defendant and the record does not indicate that he had any difficulty communicating with counsel or understanding the proceedings (see, People v Ramos, 26 N.Y.2d 272; People v Gamal, 148 A.D.2d 468; People v Navarro, 134 A.D.2d 460; cf., People v De Armas, 106 A.D.2d 659). In the absence of any evidence that the defendant did not understand the testimony at trial or was unable to assist in the preparation of his defense due to a language barrier, we find no merit to his claim that trial counsel was ineffective in failing to request the appointment of an interpreter. If there are matters outside the record which would support the defendant's contention, the proper remedy is a proceeding pursuant to CPL 440.10 (see, People v Gamal, supra). Viewed in their totality, defense counsel's efforts on behalf of his client afforded the defendant meaningful representation (People v Baldi, 54 N.Y.2d 137, 147).

The defendant's remaining contention lacks merit. Mangano, J.P., Bracken, Eiber and Harwood, JJ., concur.


Summaries of

People v. Reyes

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 626 (N.Y. App. Div. 1990)
Case details for

People v. Reyes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERTO REYES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 20, 1990

Citations

158 A.D.2d 626 (N.Y. App. Div. 1990)
551 N.Y.S.2d 596

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