People v. Ayala, 87 A.D.3d 926 (N.Y. App. Div. 2011). · Go Syfert
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People v. Ayala, 87 A.D.3d 926 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: THORNTON, DEBORAH A. v. RICKNER, ERIC (nyappdiv, 2012-04-27)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" THORNTON, DEBORAH A. v. RICKNER, ERIC (2×)
N.Y. App. Div. · 2012 · signal: see · confidence high
Defendant met his initial burden on the motion by establishing that “he did not engage in any risk-enhancing conduct that was not inherent in the. activity of skiing [or snowboarding], which caused or contributed to the accident” (DeMasi v Rogers, 34 AD3d 720, 721 [2006]; see Clarke v Catamount Ski Area, 87 AD3d 926, 927 [2011]).
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The People of the State of New York
v.
Margarita Ayala
Appellate Division of the Supreme Court of the State of New York.
Sep 27, 2011.
87 A.D.3d 926
Cited by 1 opinion  |  Published

The court properly denied defendant’s motion to suppress breathalyzer test results. The two-hour limitation contained in Vehicle and Traffic Law § 1194 (2) (a) applies only to deemed consent and does not apply where, as here, a defendant expressly and voluntarily consents to the test (People v Atkins, 85 NY2d 1007 [1995]). Defendant’s challenge to the voluntariness of her consent is unpreserved and without merit.

The reliability of the test results was an issue for trial and was not a proper issue for the suppression hearing. By pleading guilty, defendant forfeited appellate review of that issue (see People v Parilla, 8 NY3d 654, 659 [2007]). Concur — Andrias, J.P, Sweeny, Moskowitz, Richter and Román, JJ.