Legal Opinion

People v. Capraella

Criminal Court of the City of New York

Decided June 26, 1995PublishedCited by 1 opinion

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

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  3. People v. ThomasNew York Court of Appeals · 1978
  4. People v. O'DohertyNew York Court of Appeals · 1987
  5. People v. LopezNew York Court of Appeals · 1994

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

3Cited by1 opinion

  1. People v. VictoryCriminal Court of the City of New York · 1995

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