Legal Opinion

People v. Merrick

Appellate Division of the Supreme Court of the State of New York

Decided December 10, 1992PublishedCited by 10 opinions

1Opinion of the CourtYesawich Jr., J.

Appeal from a judgment of the County Court of Otsego County (Mogavero, Jr., J.), rendered October 7, 1991, upon a verdict convicting defendant of the crimes of driving while intoxicated (two counts) and aggravated unlicensed operation of a motor vehicle in the first degree.

At approximately 12:25 a.m. on May 30, 1989, State Troopers David Segit and Kenneth Sosnowski arrived at Roberta Hymas’ residence after being called to assist in resolving a dispute between Hymas and defendant. Upon arrival, the Troopers observed that defendant slurred his speech, had bloodshot, watery eyes, was swaying and…

2Cases cited8 opinions

  1. California v. TrombettaSupreme Court of the United States · 1984
  2. People v. BarnesNew York Court of Appeals · 1980
  3. People v. SchompertNew York Court of Appeals · 1967
  4. People v. MertzNew York Court of Appeals · 1986
  5. People v. AlvarezNew York Court of Appeals · 1987

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3Cited by10 opinions

  1. People v. GagliardiAppellate Division of the Supreme Court of the State of New York · 1996
  2. People v. CrandallAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. SargentAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. WaltonAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. O'HanlonAppellate Division of the Supreme Court of the State of New York · 1998

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