Legal Opinion
People v. Shaw
New York Court of Appeals
Decided October 27, 1988PublishedCited by 35 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the County Court should be affirmed.
The defendant, arrested for driving while intoxicated, consented to taking a breathalyzer test. Prior to trial he moved to suppress the test results claiming that his Sixth Amendment rights were violated because he was not advised of his right to counsel when requested to take the test.
The trial court granted the defendant’s motion and suppressed the results of the test (127 Misc 2d 530). On appeal by the People, the County Court reversed (133 Misc 2d 862). The defendant has appealed claiming that he was entitled…
2Cases cited8 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Kirby v. IllinoisSupreme Court of the United States · 1972
- People v. GurseyNew York Court of Appeals · 1968
- People v. ColemanNew York Court of Appeals · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- People v. SmithNew York Court of Appeals · 2012
- People v. CurkendallAppellate Division of the Supreme Court of the State of New York · 2004
- People v. WashingtonNew York Court of Appeals · 2014
- People v. HartAppellate Division of the Supreme Court of the State of New York · 1993
- People v. DePonceauAppellate Division of the Supreme Court of the State of New York · 2000
30 more not listed; retrieve them via the Exa API.