New York Court of Appeals, 2007

People v. Melendez

New York Court of Appeals · Decided March 22, 2007 · Kaye and Judges Ciparick, Graffeo, Read, Smith and Jones Concur Judge Pigott Taking No Part

865 N.E.2d 1; 8 N.Y.3d 886; 832 N.Y.S.2d 893 (North Eastern Reporter, Second Series)

Cases that cite this one

26 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Singh (Appellate Division of the Supreme Court of New York 2025)
People v. Moloney (County Court of New York, Putnam County 2024)
People v. Moloney (County Court of New York, Putnam County 2024)
People v. Gause (Appellate Division of the Supreme Court of New York 2024)
People v. Rath (Appellate Division of the Supreme Court of New York 2021)
People v. Redd (Fedie) (Appellate Terms of the Supreme Court of New York 2020)
People v. Simmons (Appellate Division of the Supreme Court of New York 2020)
People v. Albert (Appellate Division of the Supreme Court of New York 2018)
People v. Reed (Appellate Division of the Supreme Court of New York 2018)
People v. Fitzsimmons (Carol) (Appellate Terms of the Supreme Court of New York 2016)
MALLORY, DERICK, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
People v. Mallory (Appellate Division of the Supreme Court of New York 2014)
People v. Mallory (Appellate Division of the Supreme Court of New York 2014)
People v. Robles (Appellate Division of the Supreme Court of New York 2010)
People v. Morgan (Appellate Division of the Supreme Court of New York 2010)
People v. Chiarappa (Appellate Division of the Supreme Court of New York 2010)
People v. Anderson (New York Supreme Court 2010)
People v. Adams (Appellate Division of the Supreme Court of New York 2009)
People v. Seeler (Appellate Division of the Supreme Court of New York 2009)
People v. Goff (Appellate Division of the Supreme Court of New York 2009)
People v. Vallance (Appellate Division of the Supreme Court of New York 2008)
People v. Mosher (Appellate Division of the Supreme Court of New York 2007)
People v. Morehouse (Appellate Division of the Supreme Court of New York 2007)
People v. Hopkins (Appellate Division of the Supreme Court of New York 2007)
People v. Morelli (Appellate Division of the Supreme Court of New York 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

During the testimony of a non-English-speaking witness, the trial court required defendant’s court-appointed interpreter to stand at the back of the courtroom and interpret for the entire court, rather than solely for defendant. The constitutional issues defendant raises — including the violation of his right to counsel, his right to be present and his right to participate in his own defense — were not presented to the trial court and are thus not preserved for our review. Defendant’s remaining contentions regarding alleged inaccurate translation of complainant’s testimony and faulty instructions to the grand jury are without merit.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith and Jones concur; Judge Pigott taking no part.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.