People v. Capraella
Criminal Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
Joseph Anthony Grosso, J.
The defendant, charged with Vehicle and Traffic Law § 1192 (1), moves for an order suppressing statements and for an order suppressing the results of a breathalyzer examination.
A hearing on these issues was held on June 20, 1995 and one witness, Police Officer Kevin Dunn, testified. I find Officer Dunn’s testimony to be candid, forthright and consistent and find as follows:
On May 6, 1995 at approximately 1:30 a.m., Officer Dunn was assigned to a so-called DWI checkpoint at Steinway Street and 34th Avenue in Queens County. Pursuant to the procedures…
2Cases cited18 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- People v. ThomasNew York Court of Appeals · 1978
- People v. O'DohertyNew York Court of Appeals · 1987
- People v. LopezNew York Court of Appeals · 1994
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3Cited by1 opinion
- People v. VictoryCriminal Court of the City of New York · 1995