7 New York opinions name it 4 courts 1968–2018 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Mosellegreen1 sentence1995In People v Moselle ( 57 NY2d 97, 101 [1982]) the Court of Appeals held that: "[a]bsent a manifestation of a defendant’s consent thereto, blood samples taken without a court order other than in conformity with the provisions [of Vehicle and Traffic Law § 1194] are inadmissible in prosecutions for operat ing a motor vehicle while under the influence of alcohol under section 1192 of that law” (emphasis added). | 1 | 1 |
People v. Mertzgreen1 sentence1991"Thus, the gravamen of a violation of Vehicle and Traffic Law § 1192 (2) is not that a defendant operates a vehicle with .10% or higher blood alcohol content, but that he is found to have done so under the procedures prescribed by section 1194.” ( 68 NY2d, at 149 [emphasis supplied].) In the absence of any explicit guidance from the Appellate Division, First Department, and with a clear split among the other departments and even within the Third Department, this court finds support for its decision not only in the previously cited cases from the Fourth Department but in the language of the Cou | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Odum
green
1 sentence2018Defendant asserted that, pursuant to Vehicle and Traffic Law § 1194, because more than two hours had passed between the time of his arrest and the request that he take the breathalyzer test, the officer administering the test should not have advised him{** 31 NY3d at 347 } that, if he refused to take it, his driver's license would be suspended and the refusal could be used against him in court. | 1 | 2018–2018 |
People v. Garneau
green
1 sentence1997The documentary evidence submitted by the People was properly admitted pursuant to CPLR 4518 (a) and (c) and was sufficient to demonstrate that the breathalyzer was in proper working order and that the chemicals used in the test were of the proper kind and in the proper proportion (see, People v Garneau, 120 AD2d 112, 115 , lv denied 69 NY2d 880 ). | 1 | 1997–1997 |
People v. McDonough
green
1 sentence1997Memorandum: The testimony of two police officers-was sufficient to prove that defendant was adequately observed prior to the administration of the breathalyzer test pursuant to 10 NYCRR 59.5 (b) (see, People v McDonough, 132 AD2d 997, 998 , lv denied 70 NY2d 801 ). | 1 | 1997–1997 |
People v. Bock
green
1 sentence1987(People v Bock, 77 Misc 2d 350 [Broome County Ct 1974.]) As such, it is but one of the statutory requirements which must be met before a chemical test result may be admitted into evidence (see, People v Meikrantz, 77 Misc 2d 892 [Broome County Ct 1974]). | 1 | 1987–1987 |
People v. Meikrantz
green
1 sentence1987(People v Bock, 77 Misc 2d 350 [Broome County Ct 1974.]) As such, it is but one of the statutory requirements which must be met before a chemical test result may be admitted into evidence (see, People v Meikrantz, 77 Misc 2d 892 [Broome County Ct 1974]). | 1 | 1987–1987 |
People v. Hummel
neutral
1 sentence1987The court finds the test could have begun (the point at which the test is deemed "administered” [People v Hummel, 81 Misc 2d 280 (Dist Ct, Nassau County 1975)]) before or after 10:19 p.m. | 1 | 1987–1987 |
Burns v. Melton
green
1 sentence1985Accordingly, the court suppressed the results of the breathalyzer test (supra; see also, People v Blakes, NYLJ, Feb. 27, 1985, p 1, col 2, p 13, col 6 [Crim Ct, Bronx County]; Matter of Burns v Melton, 59 AD2d 975 [1977]; People v Huelin, 85 Misc 2d 139 [1975]; Matter of Leopold v Tofany, 68 Misc 2d 3 [Sup Ct, NY County 1971]; People v Rinaldi, 107 Misc 2d 916 [1981]). | 1 | 1985–1985 |
Leopold v. Tofany
green
1 sentence1985Accordingly, the court suppressed the results of the breathalyzer test (supra; see also, People v Blakes, NYLJ, Feb. 27, 1985, p 1, col 2, p 13, col 6 [Crim Ct, Bronx County]; Matter of Burns v Melton, 59 AD2d 975 [1977]; People v Huelin, 85 Misc 2d 139 [1975]; Matter of Leopold v Tofany, 68 Misc 2d 3 [Sup Ct, NY County 1971]; People v Rinaldi, 107 Misc 2d 916 [1981]). | 1 | 1985–1985 |
People v. Huelin
neutral
1 sentence1985Accordingly, the court suppressed the results of the breathalyzer test (supra; see also, People v Blakes, NYLJ, Feb. 27, 1985, p 1, col 2, p 13, col 6 [Crim Ct, Bronx County]; Matter of Burns v Melton, 59 AD2d 975 [1977]; People v Huelin, 85 Misc 2d 139 [1975]; Matter of Leopold v Tofany, 68 Misc 2d 3 [Sup Ct, NY County 1971]; People v Rinaldi, 107 Misc 2d 916 [1981]). | 1 | 1985–1985 |
People v. Rinaldi
green
1 sentence1985Accordingly, the court suppressed the results of the breathalyzer test (supra; see also, People v Blakes, NYLJ, Feb. 27, 1985, p 1, col 2, p 13, col 6 [Crim Ct, Bronx County]; Matter of Burns v Melton, 59 AD2d 975 [1977]; People v Huelin, 85 Misc 2d 139 [1975]; Matter of Leopold v Tofany, 68 Misc 2d 3 [Sup Ct, NY County 1971]; People v Rinaldi, 107 Misc 2d 916 [1981]). | 1 | 1985–1985 |
People v. Sweeney
green
1 sentence1968This court is aware that Judge DeLuca of the Suffolk County District Court in People v. Sweeney ( 55 Misc 2d 793 ), when faced with the Gursey problem and without the benefit of the Gursey decision, extended the Miranda rules to the administration of the breathalyzer test. | 1 | 1968–1968 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.