Legal Opinion
People v. McMillan
New York County Courts
Decided February 8, 1982PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Donald J. Mark, J.
The defendant, who has been charged with two counts of driving while intoxicated and two traffic violations, has made this application pursuant to CPL 710.20 (subds 1, 3) to suppress the result of his breath analysis upon the ground there was no probable cause to arrest him, and his admission upon the ground that it was obtained as the result of custodial interrogation without the required constitutional warnings.
The defendant’s motor vehicle exceeded the posted speed limit as detected by radar, and the motor vehicle was stopped by a police officer to…
2Cases cited21 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Spinelli v. United StatesSupreme Court of the United States · 1969
- Gerstein v. PughSupreme Court of the United States · 1975
- Draper v. United StatesSupreme Court of the United States · 1959
- People v. KuhnNew York Court of Appeals · 1973
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3Cited by2 opinions
- People v. AiaAppellate Division of the Supreme Court of the State of New York · 1984
- People v. BallAppellate Division of the Supreme Court of the State of New York · 1988