People v. Rivera

OPINION OF THE COURT

Kristin Booth Glen, J.

This case presents a question of apparent first impression: whether the prior felony conviction of a deaf or hearing-impaired1 defendant, obtained in the absence of a qualified sign-language interpreter, are unconstitutional for the purposes of sentencing as a second felony offender, pursuant to CPL 400.21 (subd 7).

This question must, in turn, be considered in the broader context of what special protection the criminal justice *517system owes to a hearing-disabled defendant in order to guarantee her/his full participation in criminal proceedings and to…