Legal Opinion
People v. Robles
Criminal Court of the City of New York
Decided February 17, 1999PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Ethan Greenberg, J.
A defendant is arrested for driving while intoxicated. He is not given Miranda warnings. He is given inadequate “refusal” warnings in connection with a request by the police that defendant consent to submit to a chemical “breathalyzer” test for the presence of alcohol in his system. Defendant (who is being videotaped) answers the inadequate refusal warnings by making several nonresponsive but incriminatory remarks in what appears to be a mildly drunken fashion. All concerned agree that evidence of the defendant’s refusal to take the chemical test is…
2Cases cited25 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Rhode Island v. InnisSupreme Court of the United States · 1980
- Dunaway v. New YorkSupreme Court of the United States · 1979
- Pennsylvania v. MunizSupreme Court of the United States · 1990
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3Cited by5 opinions
- People v. HigginsAppellate Division of the Supreme Court of the State of New York · 2015
- People v. MaysNew York Supreme Court · 2001
- People v. DavisNew York Supreme Court · 2005
- People v. BurtulaNassau County District Court · 2002
- State ex rel. Rhonda L. Wade, Marshall County Prosecuting Attorney v. Hon. David W. Hummel, Jr., Judge and H.D.West Virginia Supreme Court · 2020