Legal Opinion

People v. Rosenthal

New York District Court

Decided May 3, 1976PublishedCited by 4 opinions

1Opinion of the CourtHarold Fertig, J.

The court, after a hearing, granted two parts of the defendant’s motion to suppress evidence to be presented by the People in the above-entitled action. Both involved statements made by the defendant while in custody without having been given the Miranda warnings. One issue remains to be decided by this court and that is the subject of this decision.

The defendant was stopped by a police officer after he noticed her driving in what appeared to be an erratic manner weaving from side to side. After she came to a stop, the officer testified she had slurred speech and had difficulty getting out of…

2Cases cited13 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Gilbert v. CaliforniaSupreme Court of the United States · 1967
  5. Holt v. United StatesSupreme Court of the United States · 1910

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3Cited by4 opinions

  1. State v. RoadiferSouth Dakota Supreme Court · 1984
  2. People v. BoudreauAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. MosherWebster Justice of the Peace Court · 1978
  4. People v. BurnJustice Court of Town of Rhinebeck · 1982

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