People v. Iannopollo

OPINION OF THE COURT

Frederic T. Henry, Jr., J.

Defendant appeals a judgment of the Town of Phelps Justice Court convicting him of violating Vehicle and Traffic Law § 1120 (a) (failure to keep right) and § 1192 (3) (driving while intoxicated). Defendant further appeals the decision of the same court denying after hearing the suppression of the results of a breathalyzer test. The principal point advanced by defendant is that prior to taking the test he was denied the right to speak privately with counsel.

It has been held that a defendant arrested for driving while intoxicated must be afforded…