Legal Opinion

People v. Thomas

New York Court of Appeals

Decided December 7, 1978PublishedCited by 170 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

We uphold the constitutionality of subdivision 4 of section 1194 of the Vehicle and Traffic Law which provides that evidence of a defendant’s refusal to submit to a chemical test to determine the alcoholic content of his blood shall be admissible in any trial based on a violation of section 1192 of the Vehicle and Traffic Law, provided he was given sufficient warning, in clear and unequivocal language, of the effect of such refusal. The introduction of such evidence in accordance with this statute does not violate the defendant’s privilege against self…

2Cases cited8 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Griffin v. CaliforniaSupreme Court of the United States · 1965
  4. State v. HoltSupreme Court of Iowa · 1968
  5. People v. CraftNew York Court of Appeals · 1971

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3Cited by170 opinions

  1. People v. HudyNew York Court of Appeals · 1988
  2. People v. CopicottoNew York Court of Appeals · 1980
  3. People v. KatesNew York Court of Appeals · 1981
  4. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1992
  5. State v. NevilleSouth Dakota Supreme Court · 1984

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

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