Legal Opinion
People v. Rosario
Criminal Court of the City of New York
Decided July 30, 1987PublishedCited by 5 opinions
1Opinion of the Court
*446OPINION OF THE COURT
Mary McGowan Davis, J.
Defendant Alejandro Rosario seeks preclusion of breathalyzer test results obtained as a consequence of his arrest, on March 7, 1986, for driving while intoxicated, in violation of Vehicle and Traffic Law § 1192 (2) and (3).1 His motion, made pursuant to CPL 710.20, 710.30 and Vehicle and Traffic Law § 1194, raises issues respecting the extent to which the People must establish, as a condition precedent to introducing breathalyzer test results at trial, defendant’s consent to take such a breathalyzer exam.
A hearing with respect to the circumstances…
2Cases cited30 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Pennsylvania v. MimmsSupreme Court of the United States · 1977
- People v. IngleNew York Court of Appeals · 1975
- People v. BerriosNew York Court of Appeals · 1971
- People v. ThomasNew York Court of Appeals · 1978
25 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. DillinCriminal Court of the City of New York · 1991
- People v. RoblesCriminal Court of the City of New York · 1999
- People v. CapraellaCriminal Court of the City of New York · 1995
- People v. CardenasAppellate Terms of the Supreme Court of New York · 1995
- The People v. Jose AvilesNew York Court of Appeals · 2016