Orlando Melendez vs. The People &c., 4 No. 28 (N.Y. 2007)

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This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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4 No. 28

The People &c., Respondent, v. Orlando Melendez, Appellant.

Brian Shiffrin, for appellant.

Arthur G. Weinstein, for respondent.

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.

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Order affirmed, in a memorandum. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith and Jones concur. Judge Pigott took no part.

Decided March 22, 2007

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