PEOPLE v. DE LOS SANTOS (2008)

Appeal by the defendant from a judgment of the County Court, Nassau County (Brown, J.) rendered November 3, 2004, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.   The appeal brings up for review the denial, after a hearing (Donnino, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony and his statements to law enforcement officials.

ORDERED that the judgment is affirmed.

The voluntariness of the defendant's waiver of his Miranda rights (see Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694) was unaffected by any alleged difficulty he might have had in understanding or communicating in the English language (see People v. Mora, 36 A.D.3d 1142, 1143, 827 N.Y.S.2d 365;  People v. Restivo, 226 A.D.2d 1106, 1107, 642 N.Y.S.2d 143).   The defendant's argument concerning the alleged suggestivity of the photo array displayed to a civilian witness is without merit (see People v. Leka, 209 A.D.2d 723, 724, 619 N.Y.S.2d 144).   Accordingly, the County Court properly denied those branches of the defendant's omnibus motion which were to suppress the photo array.

The defendant's remaining contention is without merit.