Legal Opinion

People v. Garcia-Cepero

New York Supreme Court

Decided October 23, 2008PublishedCited by 2 opinions

1Opinion of the Court

*491OPINION OF THE COURT

Caesar D. Cirigliano, J.

On November 23, 2006, Javier Garcia-Cepero was arrested and charged with operating a motor vehicle while under the influence of alcohol pursuant to Vehicle and Traffic Law § 1192 (1) and (3). Motions were filed and on August 11, 2008, this court conducted a Mapp refusal hearing to determine whether the police officers had probable cause to stop and arrest the defendant and whether or not the defendant refused to submit to a breathalyzer test.

The hearing on this matter commenced on August 11, 2008 and concluded on August 15, 2008.

Facts

The court finds…

2Cases cited16 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Chambers v. MississippiSupreme Court of the United States · 1973
  3. Jenkins v. McKeithenSupreme Court of the United States · 1969
  4. Crane v. KentuckySupreme Court of the United States · 1986
  5. Medina v. CaliforniaSupreme Court of the United States · 1992

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3Cited by2 opinions

  1. People v. MolinaNew York Supreme Court · 2009
  2. Prince v. Department of Motor VehiclesNew York Supreme Court · 2011

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