From Casetext: Smarter Legal Research

People v. Medina

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1965
24 A.D.2d 516 (N.Y. App. Div. 1965)

Opinion

June 28, 1965


Appeal by defendant from a judgment of the County Court, Nassau County, rendered June 11, 1964 on his plea of guilty, convicting him of robbery in the third degree, and imposing sentence. Judgment affirmed. The sole question presented is whether the absence of an interpreter at the time of sentence constituted noncompliance with section 480 of the Code of Criminal Procedure, within the rule of People ex rel. Berrios v. Murphy ( 31 Misc.2d 966). However, even if it be assumed that an interpreter was not present, we are of the opinion that, on the record presented, defendant failed to show that he did not understand the allocution under section 480 when he personally answered in the negative. The record shows that the question required by section 480 was addressed to defendant and answered by him, without any claim by defendant or by the public defender who represented him that he (the defendant) did not comprehend the nature of the proceeding or the meaning of the question. Under the circumstances presented, it does not appear that there was a failure to comply with section 480. Ughetta, Acting P.J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.


Summaries of

People v. Medina

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1965
24 A.D.2d 516 (N.Y. App. Div. 1965)
Case details for

People v. Medina

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO VADI MEDINA…

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

Date published: Jun 28, 1965

Citations

24 A.D.2d 516 (N.Y. App. Div. 1965)

Citing Cases

People v. Ramos

d here is whether a hearing should have been granted upon the allegation of the petition that appellant,…

People v. Liberato

Appeal from the County Court, Nassau County (Belfi, J.). Ordered that the judgment is affirmed (see, People v…