Introducing ATLASLearn more
Legal Opinion

People v. Morales

Criminal Court of the City of New York

Decided April 21, 1994PublishedCited by 8 opinions

1Opinion of the Court

*129OPINION OF THE COURT

William Garnett, J.

If a defendant is asked to take a breathalyzer test more than two hours after his or her arrest and the defendant refuses, may the prosecution use the fact of that refusal as consciousness of guilt evidence pursuant to Vehicle and Traffic Law § 1194 (2) (f)?

At 10:20 p.m., on December 11, 1993, the defendant was arrested for driving while intoxicated. (Vehicle and Traffic Law § 1192 [3].) On December 12, 1993, at 12:50 a.m., 2Vi hours after his arrest, the defendant refused to take a breathalyzer test to determine the alcoholic content of his blood.

The…

2Cases cited10 opinions

  1. People v. MertzNew York Court of Appeals · 1986
  2. People v. KatesNew York Court of Appeals · 1981
  3. People v. McGrathAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. MillsAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. McGrathNew York Court of Appeals · 1988

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

3Cited by8 opinions

  1. People v. VictoryCriminal Court of the City of New York · 1995
  2. People v. ColudroCriminal Court of the City of New York · 1995
  3. People v. WardNew York Supreme Court · 1998
  4. People v. BurtulaNassau County District Court · 2002
  5. People v. CapraellaCriminal Court of the City of New York · 1995

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API