Legal Opinion

People v. Claros-Loor

Criminal Court of the City of New York

Decided January 24, 2017Published

1Opinion of the Court

OPINION OF THE COURT

Elizabeth N. Warin, J.

Defendant, a non-English-speaker of Hispanic origin, moves to dismiss the charges against him pursuant to CPL 170.30 (1) (f) on the ground that the New York City Police Department’s (NYPD) failure to offer him coordination tests after he was arrested for driving under the influence of alcohol and drugs violates the Equal Protection Clause of the United States Constitution and is thus a legal impediment to his conviction.1 For the following reasons, defendant’s motion is denied.

I. Factual Background

Defendant is charged with driving a motor vehicle…

2Cases cited6 opinions

  1. Village of Willowbrook v. OlechSupreme Court of the United States · 2000
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. Personnel Administrator of Mass. v. FeeneySupreme Court of the United States · 1979
  4. The People v. Jose AvilesNew York Court of Appeals · 2016
  5. People v. SalazarAppellate Division of the Supreme Court of the State of New York · 2013

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