| People v Gutierrez |
| 2012 NY Slip Op 07317 [100 AD3d 656] |
| November 7, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v AaronGutierrez, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, Rona I. Kugler, and Jeanette Lifschitz of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman,J.), rendered July 18, 2006, convicting him of murder in the second degree, attempted murder inthe second degree, assault in the second degree, and criminal possession of a weapon in thefourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial because a court interpreter wasunable to properly perform her duties is unpreserved for appellate review (see CPL470.05 [2]; People v Kowlessar, 82AD3d 417, 418 [2011]; People vOdum, 67 AD3d 1465, 1466 [2009], cert denied 562 US —, 131 S Ct 326[2010]; People v Zhang Wan, 203 AD2d 499 [1994]; People v Ko, 133 AD2d850, 851 [1987]), and we decline to review it in the exercise of our interest of justice jurisdiction.Contrary to the defendant's contention, his challenge to the court interpreter's ability to performher duties does not fall within the narrow category of errors which affect the mode ofproceedings prescribed by law and are thus immune from the preservation requirement (see People v Kelly, 5 NY3d 116[2005]; cf. People v Mehmedi, 69 NY2d 759 [1987]; People v Ahmed, 66 NY2d307 [1985]).
Defense counsel's failure, inter alia, to object to the prosecutor's remarks during summationdid not deprive the defendant of the effective assistance of counsel (see People v Stewart, 89 AD3d1044, 1045 [2011]; People vWhitehurst, 70 AD3d 1057, 1059 [2010]).
The defendant's remaining contentions are unpreserved for appellate review, and we declineto review them in the exercise of our interest of justice jurisdiction. Eng, P.J., Florio, Sgroi andMiller, JJ., concur.