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THE PEOPLE, etc., respondent, v. SERGIY ZADOROZHNYI, appellant. (Ind. No. 1818/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

We find no basis to disturb the hearing court's determination that the defendant knowingly, voluntarily, and intelligently waived his Miranda rights (see, Miranda v. Arizona, 384 U.S. 436 ). The record fully supports the court's finding that the defendant had a sufficient command of the English language to appreciate the import of the Miranda warnings (see, People v. Alexandre, 215 A.D.2d 488 ;People v. Eismann, 158 A.D.2d 537 ; People v. Acuna, 145 A.D.2d 427, 430 ; People v. Tineo, 144 A.D.2d 507 ). The hearing court properly considered the testimony of the People's rebuttal witnesses regarding the language used by the defendant to communicate with them at a correctional facility, in light of the defendant's hearing testimony that he was unable to communicate in English (see, People v. Mendoza, 240 A.D.2d 316 ).

S. MILLER, J.P., ALTMAN, SCHMIDT, and SMITH, JJ., concur.

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PEOPLE v. ZADOROZHNYI
(Dec 6, 1999)