Legal Opinion
People v. Smith
New York Court of Appeals
Decided February 16, 2012PublishedCited by 55 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
As a consequence of a motor vehicle stop, defendant was convicted of driving while ability impaired. On appeal, he maintained that the trial court erred in permitting the People to introduce—as proof of consciousness of guilt—evidence that he refused to take a chemical breath test to determine his blood alcohol content when requested to do so by state troopers. We agree and we therefore reverse the conviction and remit for a new trial.
On March 28, 2007, at approximately 3:30 a.m., New York State troopers stopped defendant’s vehicle on the Palisades Parkway in…
2Cases cited6 opinions
- People v. O'RamaNew York Court of Appeals · 1991
- People v. ThomasNew York Court of Appeals · 1978
- People v. GurseyNew York Court of Appeals · 1968
- People v. AtkinsNew York Court of Appeals · 1995
- People v. ShawNew York Court of Appeals · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- The People v. Luis A. PabonNew York Court of Appeals · 2016
- Hoyos v. City of New YorkDistrict Court, E.D. New York · 2013
- State of Iowa v. John Arthur Senn Jr.Supreme Court of Iowa · 2016
- People v. SiricoAppellate Division of the Supreme Court of the State of New York · 2015
- People v. WashingtonNew York Court of Appeals · 2014
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