People v. Utria

OPINION OF THE COURT

Darrell L. Gavrin, J.

The defendant is charged with violations of Vehicle and Traffic Law § 1192 (2) and (3), operating a motor vehicle under the influence of alcohol.

The People seek to introduce, and defendant seeks to suppress, a statement allegedly made by the defendant and the results of a breathalyzer test. A Dunaway/Huntley/Johnson hearing was held before this court on March 21, 1995. The sole witness called by the People was Officer Kevin McKechnie, whose testimony had the force and flavor of credibility. The defendant did not call any witnesses.

FINDINGS OF FACT

After…