Legal Opinion
People v. Rafferty
Nassau County District Court
Decided September 18, 1990Published
1Opinion of the Court
OPINION OF THE COURT
Geoffrey O’Connell, J.
Pursuant to court order a hearing was held on June 26, *4951990 to determine the voluntariness of the defendant’s consent to a blood test as well as the voluntariness of certain statements attributed to the defendant on police form 79. The following are the court’s findings of fact and conclusions of law.
Findings of Fact
At about 3:40 on the morning of October 28,1989, defendant was involved in an automobile accident on Grand Avenue in Baldwin, Nassau County. Police Officer Frederick Swain responded to the scene and approached the defendant’s vehicle.…
2Cases cited6 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Harris v. New YorkSupreme Court of the United States · 1971
- People v. MaerlingNew York Court of Appeals · 1984
- People v. ShawNew York Court of Appeals · 1988
- Carey v. MeltonAppellate Division of the Supreme Court of the State of New York · 1978
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