People v Melendez

2007 NYSlipOp 02438

March 22, 2007

Court of Appeals

As corrected through Wednesday, May 2, 2007

[*1]

The People of the State of New York, Respondent, v Orlando Melendez, Appellant.

Argued February 15, 2007; decided March 22, 2007

People v Melendez, 24 AD3d 1223, affirmed.

APPEARANCES OF COUNSEL

Edward J. Nowak, Public Defender, Rochester (Brian Shiffrin of counsel), for appellant.

Michael C. Green, District Attorney, Rochester (Arthur G. Weinstein of counsel), 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 [*2]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.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith and Jones concur; Judge Pigott taking no part.

Order affirmed in a memorandum.