Legal Opinion

People v. Batista

Criminal Court of the City of New York

Decided July 3, 1985PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Bonnie Wittner, J.

On September 7, 1984 the defendant, Nilda Batista, was arrested and charged with a variety of Vehicle and Traffic Law offenses, including Vehicle and Traffic Law § 1192 (2), driving while intoxicated. The defendant now moves for an order suppressing the results of the breathalyzer examination pursuant to CPL 710.20 (5) and Vehicle and Traffic Law § 1194 (8).

A review of the moving papers and court records reveals the facts to be as follows. The defendant was arrested on September 7, 1984. After the defendant’s arrest, the following exchange took place and…

2Cases cited4 opinions

  1. People v. MolinaCriminal Court of the City of New York · 1983
  2. People v. Hoats, New York County Courts1979
  3. People v. SeamanSuffolk County District Court · 1970
  4. Freudenstein v. 645 Co.New York Supreme Court · 1985

3Cited by7 opinions

  1. People v. FinneganNew York Court of Appeals · 1995
  2. Casper v. Iowa Department of Transportation, Motor Vehicle DivisionCourt of Appeals of Iowa · 1993
  3. Green v. StateMississippi Supreme Court · 1998
  4. People v. SantosCriminal Court of the City of New York · 1999
  5. Casper v. Iowa Department of Transportation, Motor Vehicle DivisionCourt of Appeals of Iowa · 1993

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