Legal Opinion

People v. Berg

Appellate Division of the Supreme Court of the State of New York

Decided March 5, 1998PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Cardona, P. J.

On September 30, 1995, at approximately 5:30 a.m., defendant drove her automobile into a ditch off Sheer Road in the Town of Sand Lake, Rensselaer County, near the residence of State Trooper Andrew Lindeman. Awakened by the accident, Lindeman went outside to investigate. Defendant asked him to help her remove the vehicle from the ditch and not to call the police. He smelled alcohol on defendant and observed that her speech was slurred. When it became evident that the vehicle was inoperable, defendant left the scene.

Lindeman, in the meantime, had summoned the…

2Cases cited10 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Rhode Island v. InnisSupreme Court of the United States · 1980
  3. South Dakota v. NevilleSupreme Court of the United States · 1983
  4. Pennsylvania v. MunizSupreme Court of the United States · 1990
  5. Doe v. United StatesSupreme Court of the United States · 1988

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3Cited by2 opinions

  1. People v. ScottAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. McGovernNassau County District Court · 1998

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