Opinion
2018-15152 Ind. No. 1726/18
01-15-2020
The PEOPLE, etc., Respondent, v. Rocael CULAJAY, Appellant.
Michael A. Fietcher, Bellmore, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Kevin C. King of counsel; Allyson Rivard on the brief), for respondent.
Michael A. Fietcher, Bellmore, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Kevin C. King of counsel; Allyson Rivard on the brief), for respondent.
ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, JOHN M. LEVENTHAL, JOSEPH J. MALTESE, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Nassau County (Felice J. Muraca, J.), rendered November 15, 2018, convicting him of aggravated driving while intoxicated with a child and endangering the welfare of a child, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his sentence should be vacated because he was deprived of an interpreter at the sentencing proceeding is unpreserved for appellate review as he never objected to the absence of an interpreter (see CPL 470.05[2] ; People v. Robles , 86 N.Y.2d 763, 765, 631 N.Y.S.2d 131, 655 N.E.2d 172 ; People v. Garcia–Cruz , 138 A.D.3d 1414, 30 N.Y.S.3d 427 ), and we decline to reach the issue in the exercise of our interest of justice jurisdiction.
The defendant's related claim that he was deprived of the effective assistance of counsel is without merit. Viewed in totality, the record reflects that defense counsel provided meaningful representation (see People v. Benevento , 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584 ).
SCHEINKMAN, P.J., MASTRO, LEVENTHAL and MALTESE, JJ., concur.