Legal Opinion

People v. Ottomanelli

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

Decided March 11, 1985PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Rubin, J.

The instant appeal presents a question concerning the proper legal standard for determining if the accused was driving while intoxicated within the meaning of Vehicle and Traffic Law § 1192 (3).

On February 10, 1983, at approximately 1:55 a.m., Suffolk County Police Officers Gary Miller and Daniel Rudek were driving in a marked patrol car eastbound on Route 25 in Center-each, New York. Officer Miller saw a 1974 Lincoln automobile leave a Jack-in-the-Box restaurant on the south side of Route 25, go across that four-lane roadway and then hit the curb on the north…

2Cases cited14 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. People v. KennedyNew York Court of Appeals · 1979
  3. People v. BenzingerNew York Court of Appeals · 1974
  4. People v. CruzNew York Court of Appeals · 1979
  5. People v. LopezAppellate Division of the Supreme Court of the State of New York · 1983

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

3Cited by14 opinions

  1. In re JohnstonNew York Court of Appeals · 1990
  2. People v. DeBlaseAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. StackAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. TatroAppellate Division of the Supreme Court of the State of New York · 1997

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

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