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People v. Ayala

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1992
186 A.D.2d 577 (N.Y. App. Div. 1992)

Opinion

October 5, 1992

Appeal from the County Court, Westchester County (Colabella, J.).


Ordered that the judgment is affirmed.

The defendant contends that he was denied his right to confront a witness when the trial court refused to appoint an interpreter for that witness. However, the defendant failed to preserve this claim for appellate review, since he never requested an interpreter, and argued at trial that the witness understood English and was merely being evasive in failing to answer his codefendant's questions (see, CPL 470.05). In any event, it cannot be said that the defendant was denied his right of confrontation as a result of the trial court's failure to appoint an interpreter, since the witness responsively answered all of the defense counsel's questions.

Additionally, we find that the trial court's charge to the jury regarding reasonable doubt was proper, since the charge as a whole properly informed the jury that a reasonable doubt is a doubt other than one based upon a whim or other vague reason (see, People v Quinones, 123 A.D.2d 793; People v Hall, 82 A.D.2d 838).

We have examined the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Thompson, J.P., Sullivan, Balletta and Lawrence, JJ., concur.


Summaries of

People v. Ayala

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1992
186 A.D.2d 577 (N.Y. App. Div. 1992)
Case details for

People v. Ayala

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS AYALA, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 5, 1992

Citations

186 A.D.2d 577 (N.Y. App. Div. 1992)

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