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PEOPLE STATE NEW YORK v. RAMON RODRIGUEZ (01/13/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


January 13, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
RAMON RODRIGUEZ, APPELLANT

In a coram nobisproceeding, defendant appeals from an order of the Supreme Court, Queens County, dated April 6, 1967, which denied his application without a hearing.

Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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 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).

Disposition

 Order affirmed.

19690113

© 1998 VersusLaw Inc.



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