Legal Opinion

Hoffman v. Melton

Appellate Division of the Supreme Court of the State of New York

Decided April 23, 1981PublishedCited by 3 opinions

1Opinion of the Court

— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Rensselaer County) to review a determination of the Commissioner of Motor Vehicles which revoked petitioner’s driver’s license. On March 28, 1979, petitioner was arrested for driving while intoxicated and taken to State Police barracks. He was then asked to submit to a chemical test and advised that if he refused to submit to the test his driver’s license could be revoked. He was also informed that the fact that he refused could be used against him in any trial or…

2Cases cited7 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. People v. ThomasNew York Court of Appeals · 1978
  4. People v. CraftNew York Court of Appeals · 1971
  5. Malkin v. TullyAppellate Division of the Supreme Court of the State of New York · 1978

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3Cited by3 opinions

  1. People v. RosarioCriminal Court of the City of New York · 1987
  2. People v. ShawNew York Mills Village Court · 1984
  3. People v. SanchezCriminal Court of the City of New York · 1987

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