People v. Whelan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J. P.
In this matter we are called upon to determine the adequacy of an application for an order pursuant to Vehicle and Traffic Law § 1194 (3) to compel the defendant to submit to a chemical test. Inasmuch as we find that the application was conclusory because it was based on hearsay information from sources who were not set forth and identified in the application, the results of the chemical test must be suppressed and the defendant’s conviction for driving while intoxicated under the third count of the indictment (Vehicle and Traffic Law § 1192 [2] [now,…
2Cases cited23 opinions
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
- People v. CrimminsNew York Court of Appeals · 1975
- People v. HanlonNew York Court of Appeals · 1975
- People v. FernandezNew York Court of Appeals · 1986
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3Cited by26 opinions
- Freeman v. KadienCourt of Appeals for the Second Circuit · 2012
- People v. Dombrowski-BoveAppellate Division of the Supreme Court of the State of New York · 2002
- People v. FreemanAppellate Division of the Supreme Court of the State of New York · 2007
- People v. LicausiAppellate Division of the Supreme Court of the State of New York · 2014
- People v. IsaacAppellate Division of the Supreme Court of the State of New York · 1996
21 more not listed; retrieve them via the Exa API.