Legal Opinion
People v. Diplan
Criminal Court of the City of New York
Decided March 26, 1999PublishedCited by 2 opinions
1Opinion of the Court
*295OPINION OF THE COURT
Robert Raciti, J.
Defendant is charged with operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [2]). On March 3, 1999, a suppression hearing was conducted by this court on defendant’s motion to suppress his breathalyzer test results and his statements upon arrest. The court credits the testimony of Police Officer Steven Swanson, the People’s only witness, and finds the following facts.
At about 7:00 p.m. on September 6, 1998, Officer Swanson was assigned to the Orchard Beach detail in the Bronx. Officer Swanson, along with several…
2Cases cited9 opinions
- Delaware v. ProuseSupreme Court of the United States · 1979
- California v. PrysockSupreme Court of the United States · 1981
- People v. ScottNew York Court of Appeals · 1984
- People v. TermottoNew York Court of Appeals · 1993
- People v. SerranoAppellate Division of the Supreme Court of the State of New York · 1996
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. Perez-CorreosoCriminal Court of the City of New York · 2015
- People v. ZouppasNew Rochelle City Court · 2012