Legal Opinion

People v. Burnet

New York Supreme Court

Decided March 3, 2009PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Richard Lee Price, J.

The defendant is charged with operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [l]j [3]) and unlicensed operation of a motor vehicle (Vehicle and Traffic Law § 509 [1]) and moves to suppress any evidence or testimony concerning his alleged refusal to submit to a chemical breath analysis at trial, claiming: (1) that he was not provided with a clear and unequivocal warning of the consequences of refusing; (2) there was no mechanism to determine whether he understood the warnings that were given; (3) that any…

2Cases cited27 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. People v. De BourNew York Court of Appeals · 1976
  4. Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
  5. People v. BigelowNew York Court of Appeals · 1985

22 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. SalazarAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. MolinaNew York Supreme Court · 2009
  3. People v. PerezNew York Supreme Court · 2010
  4. Prince v. Department of Motor VehiclesNew York Supreme Court · 2011
  5. People v. SalazarAppellate Division of the Supreme Court of the State of New York · 2013

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