People v. Guzman, 247 A.D.2d 552 (N.Y. App. Div. 1998). · Go Syfert
People v. Guzman, 247 A.D.2d 552 (N.Y. App. Div. 1998). Cases Citing This Book View Copy Cite
11 citation events (8 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) People v. Gadley
N.Y. App. Div. · 2014 · confidence medium
People v Mack, 49 AD3d 1291, 1292 [2008], lv denied 10 NY3d 866 [2008]; People v Hewitt, 247 AD2d 552, 553 [1998], lv denied 92 NY2d 880 [1998], reconsideration denied 92 NY2d 926 [1998]).
cited Cited as authority (rule) People v. Gadley
N.Y. App. Div. · 2014 · confidence medium
People v Mack, 49 AD3d 1291, 1292 [2008], lv denied 10 NY3d 866 [2008]; People v Hewitt, 247 AD2d 552, 553 [1998], lv denied 92 NY2d 880 [1998], reconsideration denied 92 NY2d 926 [1998]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2012 · confidence medium
The defendant correctly contends that the hearing court erred in denying his motion to suppress evidence of his refusal to take a breathalyzer test, as the officer administering the test did not advise the defendant that his refusal could be used against him at a trial, proceeding, or hearing resulting from the arrest (see Vehicle and Traffic Law § 1194 [2] [f]; People v Guzman, 247 AD2d 552, 552 [1998]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2012 · confidence medium
The defendant correctly contends that the hearing court erred in denying his motion to suppress evidence of his refusal to take a breathalyzer test, as the officer administering the test did not advise the defendant that his refusal could be used against him at a trial, proceeding, or hearing resulting from the arrest (see Vehicle and Traffic Law § 1194 [2] [f]; People v Guzman, 247 AD2d 552, 552 [1998]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jose Guzman
Appellate Division of the Supreme Court of the State of New York.
Feb 17, 1998.
247 A.D.2d 552
Altman, Miller, Pizzuto, Ritter.
Cited by 2 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered September 22, 1995, convicting him of operating a motor vehicle while under the influence of alcohol pursuant to Vehicle and Traffic Law § 1192 (1), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of the defendant’s motion to suppress evidence of his refusal to take a breathalyzer test.

Ordered that the judgment is affirmed.

As the defendant correctly contends, the hearing court erred in denying his motion to suppress testimony of his refusal to take a breathalyzer test, as the officer administering the test did not advise the defendant that his refusal could be used against him at a trial, proceeding, or hearing resulting from the arrest and that it could result in the revocation of his driver’s license. However, this error was harmless in light of the overwhelming evidence of the defendant’s guilt (see, People v Reding, 167 AD2d 716, 717; cf., People v Boone, 71 AD2d 859, 860).

The defendant’s contention that police officers were permitted to give expert testimony as to his intoxication, is without merit. The officers did not testify as experts, but as lay witnesses (see, People v Cruz, 48 NY2d 419, 428; Renzo v Tops Friendly Mkts., 136 AD2d 952, 953).

Miller, J. P., Ritter, Pizzuto and Altman, JJ., concur.