green
Positive treatment
Issue: chemical breath testNY ↗
Issue: portable breath testNY ↗
Issue: jury with a limiting instructionNY ↗
9.3 score
Top citers, strongest first. 1 distinct citer.
How cited ↗
discussed
Cited as authority (rule)
People v. Chamberlain (Karen)
(2×)
Evidence of defendant's ultimate refusal to take a chemical breath test after being afforded two opportunities to talk to her attorney before deciding whether to take the test was admissible to show consciousness of guilt ( see People v MacDonald , 89 [*2]NY2d 908, 910 [1996]; People v Thomas , 46 NY2d 100, 106 [1978]; People v Sirico , 135 AD3d 19, 23 [2016]), and the District Court provided the jury with a limiting instruction on this point ( see People v MacDonald ,89 NY2d at 910).
John Brown
v.
Eli Aran
v.
Eli Aran
New York Court of Appeals.
Dec 20, 1996.
676 N.E.2d 493
1996 N.Y. LEXIS 4418
Published
Motion, insofar as it seeks leave to appeal from the Appellate Division order denying appellants’ motion for reargument or, in the alternative, leave to appeal to the Court of Appeals, dismissed upon the ground that that order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.