Introducing ATLASLearn more
Legal Opinion

People v. Nieves

Criminal Court of the City of New York

Decided May 5, 1989PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

William Leibovitz, J.

The defendant challenges the validity of his breathalyzer reading taken less than one hour after his arrest on a charge of driving while intoxicated (Vehicle and Traffic Law § 1192 [2]), an unclassified misdemeanor. He advances two grounds for suppression or preclusion of the reading, which registered his blood alcohol content (BAG) at .18%.

*735First, the defendant disputes the accuracy of the so-called conversion ratio by which the breathalyzer machine transposes one’s breath alcohol measurement into blood alcohol content. Second, he attacks the…

2Cases cited19 opinions

  1. California v. TrombettaSupreme Court of the United States · 1984
  2. County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
  3. People v. BerriosNew York Court of Appeals · 1971
  4. People v. HughesNew York Court of Appeals · 1983
  5. People v. MertzNew York Court of Appeals · 1986

14 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People v. CastroNew York Supreme Court · 1989
  2. Fisher v. City of EuporaMississippi Supreme Court · 1991
  3. People v. UruburuAppellate Division of the Supreme Court of the State of New York · 1991
  4. State v. MaureNew Jersey Superior Court Appellate Division · 1990
  5. People v. GustafsonAppellate Court of Illinois · 1990

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API