People v. Marietta
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldberg, J.), rendered March 28, 2008, *998convicting him of criminally negligent homicide, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).
The defendant’s contention that the results of a breathalyzer test should have been…
2Cases cited6 opinions
- People v. YuklNew York Court of Appeals · 1969
- People v. AtkinsNew York Court of Appeals · 1995
- People v. BurryAppellate Division of the Supreme Court of the State of New York · 2008
- People v. AuxillyAppellate Division of the Supreme Court of the State of New York · 1991
- People v. DobsonAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by2 opinions
- People v. GonsalezAppellate Division of the Supreme Court of the State of New York · 2016
- People v. GuzyAppellate Division of the Supreme Court of the State of New York · 2018