(dissenting).
I must respectfully dissent. I agree with the conclusion of the majority that due process requires that a defendant, who is incapable of communicating to the court and defense counsel in the English language, have access to an interpreter to assist such a defendant in understanding the proceedings and to assist in his defense. United States ex rel. Negron v. State of N.Y., 434 A.2d 386 (1970). In Negron the defendant spoke no English, *52and had just recently arrived in this country for his second visit shortly before the homicide of which he was convicted. Moreover, the Suffolk County Court in New York did not appoint a court interpreter to assist the defendant Negron.
In the instant case, appellant was a ten-year resident of the United States and demonstrated a sufficient command of the English language to comprehend the nature of the proceedings and to assist defense counsel. Unlike Negron, supra, a court interpreter was present and permitted to assist appellant whenever he or his attorney re-, quested such help and, in fact, appellant consulted the interpreter eight times during his testimony. Moreover, appellant’s testimony on direct examination, while not phrased in grammatically proper sentences, reveals an understanding of the questions and the effect of his answers. In contrast to appellant’s short answers on cross-examination, appellant’s direct examination reveals a narrative chronology of the events surrounding the burglary.
Given the confusing nature of translated testimony to the jury, I am of the opinion that an appellate court should not overturn a ruling of a trial judge absent an abuse of discretion. In the facts of the instant case, I find no abuse of discretion and would affirm the judgment of sentence.
EAGEN, J., joins in this dissenting opinion.