People v. De Los Santos

The voluntariness of the defendant’s waiver of his Miranda rights (see Miranda v Arizona, 384 US 436 [1966]) was unaffected by any alleged difficulty he might have had in understanding or communicating in the English language (see People v Mora, 36 AD3d 1142, 1143 [2007]; People v Restivo, 226 AD2d 1106, 1107 [1996]). 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 AD2d 723, 724 [1994]). Accordingly, the County Court properly denied those branches of the defendant’s omnibus motion which…