People v. Brockum
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal from a judgment of the County Court of Fulton County (Albanese, J.), rendered June 15, 1981, upon a verdict convicting defendant of the crimes of driving while intoxicated and driving while having .10 of one per centum or more by weight of alcohol in his blood. Defendant contends that the taking of a breath sample pursuant to section 1193-a of the Vehicle and Traffic Law is violative of his right against self incrimination conferred by the Fifth Amendment of the Constitution of the United States, citing two cases in Town Justice Courts, People v Hamza (109 Mise 2d 1055) and People v…
2Cases cited7 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Holt v. United StatesSupreme Court of the United States · 1910
- People v. IngleNew York Court of Appeals · 1975
- Marine Midland Bank-Southern v. ThurlowNew York Court of Appeals · 1981
- People v. KatesNew York Court of Appeals · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. EnglishAppellate Division of the Supreme Court of the State of New York · 1984
- Larry Deering v. Harold M. Brown, Attorney General of the State of AlaskaCourt of Appeals for the Ninth Circuit · 1988
- Stark v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1984
- Smith v. StateIndiana Court of Appeals · 1986
- People v. ElyAppellate Division of the Supreme Court of the State of New York · 1990
11 more not listed; retrieve them via the Exa API.