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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1969
31 A.D.2d 753 (N.Y. App. Div. 1969)

Opinion

January 13, 1969


In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, dated April 6, 1967, which denied his application without a hearing. Order affirmed. Defendant's claim, in substance, is that he could not understand the Spanish spoken by one of his court-assigned attorneys, who frequently acted as interpreter, and that he was thus denied the effective assistance of counsel and various procedural rights. In our opinion, defendant's uncorroborated allegations were conclusively refuted by the minutes of the entry of his guilty plea, at which time the official Spanish interpreter was present and acted; and a hearing, therefore, was unnecessary (cf. People v. Lofland, 21 N.Y.2d 746; People v. Quinones, 21 N.Y.2d 885; People v. Ortloff, 21 N.Y.2d 888). Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1969
31 A.D.2d 753 (N.Y. App. Div. 1969)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON RODRIGUEZ…

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

Date published: Jan 13, 1969

Citations

31 A.D.2d 753 (N.Y. App. Div. 1969)