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People v. Jose Mora-Hernandez

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 2010
77 A.D.3d 531 (N.Y. App. Div. 2010)

Summary

suppressing results of breath test where “[p]olice ignored defendant's repeated requests for counsel prior to the administration of the test”

Summary of this case from People v. Washington

Opinion

No. 3437.

October 21, 2010.

Order, Supreme Court, Bronx County (Caesar D. Cirigliano, J.), entered on or about May 19, 2009, which granted defendant's suppression motion, unanimously affirmed.

Robert T. Johnson, District Attorney, Bronx (Stanley R. Kaplan of counsel), for appellant.

M. Chris Fabricant, John Jay Legal Services, White Plains (Elizabeth M. Frederick of counsel), for respondent.

Before: Sweeny, J.P., Freedman, Richter, Manzanet-Daniels and Román, JJ.


The court properly granted defendant's motion to suppress the results of a breathalyzer test and the videotape made of the test on the ground that the officers violated his right to counsel. The police ignored defendant's repeated requests for counsel prior to the administration of the test. A defendant who has been arrested for driving while intoxicated and requests assistance of counsel generally has the right to consult with an attorney before deciding whether to consent to a sobriety test ( People v Shaw, 72 NY2d 1032). As in People v Gursey ( 22 NY2d 224), the officers prevented defendant from contacting his lawyer when there was no indication that granting defendant's request would have substantially interfered with the investigative procedure. The record contradicts the People's contention that defendant voluntarily abandoned his request for counsel when he agreed to take the test.


Summaries of

People v. Jose Mora-Hernandez

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 2010
77 A.D.3d 531 (N.Y. App. Div. 2010)

suppressing results of breath test where “[p]olice ignored defendant's repeated requests for counsel prior to the administration of the test”

Summary of this case from People v. Washington
Case details for

People v. Jose Mora-Hernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSE MORA-HERNANDEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 21, 2010

Citations

77 A.D.3d 531 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 7500
909 N.Y.S.2d 435

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