| People v Cortez |
| 2014 NY Slip Op 01621 [115 AD3d 757] |
| March 12, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Julio Cortez, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager and Steven A.Bender of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Warhit, J.), rendered November 27, 2012, convicting him of manslaughter in the firstdegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Although an interpreter must be sworn to interpret properly and accurately, "onappeal the presumption of regularity allows a court to assume that an official or personacting under an oath of office will not do anything contrary to his or her official duty oromit to do anything which his or her official duty requires to be done" (People vBicet, 180 AD2d 692, 693 [1992]). It was the defendant's burden to come forward inthe County Court with affirmative evidence to rebut this presumption, or to point toevidence in the record to rebut this presumption (see id.). The defendant has notsatisfied this burden (see e.g. People v Torres, 96 AD2d 604, 604-605 [1983]).We therefore affirm the judgment of conviction. Mastro, J.P., Hall, Austin, Sgroi andDuffy, JJ., concur.