← Cases

People v. Rodriguez

31 A.D.2d 753 Court N.Y. App. Div. Decision date 1969-01-13 English

Contents

Majority

p. 753
The People of the State of New York, Respondent, v. Ramon Rodriguez, Appellant.

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, dated April 6,1967, which denied his application without a hearing. Order affirmed. Defendant’s claim, in substance, is that he could not understand the Spanish spoken by one of his court-assigned attorneys, who frequently acted as interpreter, and that he was thus denied the effective assistance of counsel and various procedural rights. In our opinion, defendant’s uncorroborated allegations were conclusively refuted by the minutes of the entry of his guilty plea, at which time the official 'Spanish

p. 754
interpreter was present and acted; and a hearing, therefore, was unnecessary (cf. People v. Lofland, 21 N Y 2d 746 ; People v. Quinones, 21 N Y 2d 885 ; People v. Ortloff, 21 N Y 2d 888 ). Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

Cases cited