Legal Opinion
People v. Bracken
Criminal Court of the City of New York
Decided November 4, 1985PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Albert Koch, J.
Defendant, Robert Bracken, charged with a violation of Vehicle and Traffic Law § 1192 (2), operating a motor vehicle with .10% or more alcohol in his blood, moved to suppress his statements and his breathalyzer test results.
During the Huntley hearing, issue was raised as to whether these should be barred from evidence because after his arrest the defendant was threatened with incarceration until arraignment unless he consented to take the breathalyzer test.
FINDINGS OF FACT
Based upon the undisputed credible evidence elicited at the hearing, the court finds…
2Cases cited6 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- South Dakota v. NevilleSupreme Court of the United States · 1983
- MacKey v. MontrymSupreme Court of the United States · 1979
- People v. ThomasNew York Court of Appeals · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mistretta v. ProkeschDistrict Court, E.D. New York · 1998
- Innes v. DalsheimCourt of Appeals for the Second Circuit · 1988
- People v. CapraellaCriminal Court of the City of New York · 1995
- Innes v. DalsheimCourt of Appeals for the Second Circuit · 1988
- State of Maine v. Austin W. DavisSupreme Judicial Court of Maine · 2026