Legal Opinion
People v. Harvin
Criminal Court of the City of New York
Decided July 11, 2013Published
1Opinion of the Court
OPINION OF THE COURT
Matthew A. Sciarrino, Jr., J.
The People may use the defendant’s refusal to take a blood *922alcohol content (BAG) test offered over two hours from arrest at the trial of the defendant, and the court’s earlier decision is so modified.
The defendant, David Harvin, is charged with operating a motor vehicle while under the influence of alcohol or drugs (Vehicle and Traffic Law § 1192 [3]) and other related charges. On April 17, 2013, a hearing was held before Judicial Hearing Officer (JHO) Robert Strauss. At the conclusion of the hearing, JHO Strauss recommended this court find…
2Cases cited17 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- People v. SantiagoNew York Court of Appeals · 2011
- People v. AtkinsNew York Court of Appeals · 1995
- Llana v. Town of PittstownAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BrolAppellate Division of the Supreme Court of the State of New York · 1981
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