Legal Opinion
People v. O'Neill
Utica City Court
Decided September 23, 1980PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Harold H. Hymes, J.
The defendant is charged with driving while intoxicated, in violation of subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law.
It was alleged by the defendant that at the time of his detention at 8:40 P.M., he asked that he be allowed to contact his attorney. He was allowed this right, and his attorney appeared at the police station at 10:00 P.M.
After the attorney’s appearance, the breathalyzer test was given to the defendant. The defendant’s attorney asked that he be permitted to observe the breathalyzer procedure, and he was denied the…
2Cases cited2 opinions
- Leopold v. TofanyNew York Supreme Court · 1971
- Leopold v. TofanyAppellate Division of the Supreme Court of the State of New York · 1971
3Cited by2 opinions
- People v. Iannopollo, New York County Courts1983
- Sturgeon v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1984