Legal Opinion
People v. Mosher
Webster Justice of the Peace Court
Decided February 14, 1978PublishedCited by 4 opinions
1Opinion of the Court
*180OPINION OF THE COURT
C. Benn Forsyth, J.
This application for an order of suppression of a defendant’s refusal to take a blood test falls into the confused ways of lower court case law. At present, the precise issue does not seem to have been considered by the appellate courts of this State.
The facts are simple. The defendant seeks to suppress her refusal to take a blood test upon the ground that she was so hysterical at the time the Miranda warning was given she did not understand it.
CPL 60.45 (subd 2, par [b], cl [ii]) covers the situation. This section prohibits introduction of confessions…
2Cases cited6 opinions
- People v. CraftNew York Court of Appeals · 1971
- People v. DelaneyNew York District Court · 1975
- People v. HoughlandSuffolk County District Court · 1974
- People v. Smith, New York County Courts1974
- People v. Bartlett, New York County Courts1975
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. HaitzAppellate Division of the Supreme Court of the State of New York · 1978
- People v. RosarioCriminal Court of the City of New York · 1987
- State v. FishOregon Supreme Court · 1995
- State v. FishOregon Supreme Court · 1995