People v Perez

People v Perez 2012 NY Slip Op 04220 Decided on May 31, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 31, 2012
Mazzarelli, J.P., Catterson, DeGrasse, Richter, Manzanet-Daniels, JJ.
7801 6453/09

[*1]The People of the State of New York, Respondent,

v

Jose Perez, Defendant-Appellant.




Richard M. Greenberg, Office of the Appellate Defender, New
York (Molly Booth of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Caleb
Kruckenberg of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael Sonberg, J.), rendered June 14, 2010, as amended June 29, 2010, convicting defendant, after a jury trial, of auto stripping in the second degree and possession of burglar's tools in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

Defense counsel affirmatively waived the absence of an interpreter during part of the voir dire proceedings (see People v Keen, 94 NY2d 533, 538 [2000]). As an alternate holding, we find defendant's argument that he was constructively absent due to the lack of an interpreter to be without merit. Although defendant was generally assisted by an interpreter during pretrial proceedings and trial, the record does not indicate that he lacked a sufficient understanding of the English language to be able to understand the questioning of venirepersons, or that a language barrier prevented him from being able to communicate with his counsel (see People v Santos, 46 AD3d 365, 366 [2007], lv denied 10 NY3d 844 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 31, 2012

CLERK