Legal Opinion

People v. Molina

Criminal Court of the City of New York

Decided October 7, 1983PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Bertram Katz, J.

It is a legal truism that harsh sanctions breed ingenuity. Thus, when the New York State Legislature stiffened the penalties against intoxicated drivers two years ago,1 one predictable result was that the number of challenges to the use of blood alcohol measuring devices would increase proportionately.2

One such example is the defendant in this case, Porfirio Molina, whose counsel has submitted a numerically im*484pressive list of challenges to the introduction of the breathalyzer test results, five in all. I have relegated a description of the operation of the…

2Cases cited39 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  4. United States v. JohnsonSupreme Court of the United States · 1982
  5. Williams v. United StatesSupreme Court of the United States · 1971

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3Cited by15 opinions

  1. Dabbs v. VergariNew York Supreme Court · 1990
  2. People v. TorresCriminal Court of the City of New York · 1984
  3. People v. BatistaCriminal Court of the City of New York · 1985
  4. People v. SchmidtCriminal Court of the City of New York · 1984
  5. People v. HyltonNew York Supreme Court · 1988

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