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No Error in Using Interpreter Who Was Acquainted With Complainants​

In a full-fledged opinion by Judge Pigott (with a dissent by Judge Rivera), the Court of Appeals determined the denial of defense counsel’s request to replace a state-employed court interpreter because he was acquainted with the complainants was not an abuse of discretion:

The interpreter complied with his ethical obligation by notifying the court that he was a friend of complainant husband. Upon receiving that information, the court questioned the interpreter as to whether he (1) knew the facts of the case, and (2) would be uncomfortable translating for complainant wife. Having received a negative answer to both questions, the trial court allowed defense counsel to question the interpreter. Satisfied that its questioning and that of defense counsel uncovered no bias on the part of the interpreter, the court properly exercised its discretion in not removing him.  People v Lee, No 111, CtApp, 5-30-13

 

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