Legal Opinion

People v. Hamza

Gates Town Court

Decided June 15, 1981PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

David D. Egan, J.

Defendant has moved for dismissal on constitutional grounds of the charge that he violated section 1193-a of the Vehicle and Traffic Law, refusal to take a breath screening test, by notice of motion and supporting affidavit of Charles T. Noce, dated May 15, 1981. The People responded by answering affirmation of Sharon M. Kehoe, Assistant District Attorney, dated May 28, 1981.

On May 10,1981 at about 2:25 a.m. the defendant, while driving a motor vehicle, was stopped by the State Police and charged by Trooper Tober with speeding, under subdivision (b) of…

2Cases cited3 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. People v. GraserAmherst Town Court · 1977
  3. People v. DelaneyNew York District Court · 1975

3Cited by5 opinions

  1. Larry Deering v. Harold M. Brown, Attorney General of the State of AlaskaCourt of Appeals for the Ninth Circuit · 1988
  2. People v. McMillan, New York County Courts1982
  3. People v. PecoraWappinger Justice Court · 1984
  4. Larry Deering v. Harold M. Brown, Attorney General of the State of AlaskaCourt of Appeals for the Ninth Circuit · 1988
  5. People v. LeontievNew York District Court · 2012

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API