Legal Opinion

People v. Lopez

Criminal Court of the City of New York

Decided August 14, 1996PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Howard A. Ruditzky, J.

In this decision, the court holds that an accusatory instrument charging Vehicle and Traffic Law § 1192 (2) (operating a motor vehicle while under the influence of alcohol with .10% or more blood alcohol level) must be supported by a chemical test analysis certificate which is both verified by the individual who administered the test in compliance with CPL 100.30, and which indicates defendant’s blood alcohol level. The absence of either of these factors renders the instrument jurisdictionally defective.

Defendant Arcenio Lopez, charged with Vehicle…

2Cases cited8 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. AndersonNew York Court of Appeals · 1985
  3. People v. MinorAppellate Terms of the Supreme Court of New York · 1989
  4. People v. JonesNew York Court of Appeals · 1986
  5. People v. CropperAppellate Division of the Supreme Court of the State of New York · 1994

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. HusseinCriminal Court of the City of New York · 1998
  2. People v. QuilesCriminal Court of the City of New York · 1998
  3. People v. CoplinAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. GarciaAppellate Terms of the Supreme Court of New York · 2015
  5. People v. FigueroaCriminal Court of the City of New York · 2012

2 more not listed; retrieve them via the Exa API.

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