In People v. Kenny, 9 Misc.3d 1104(A), 2005 WL 2148893 [Richmond County Crim. Ct. 2005] evidence of a refusal made nearly three hours after the arrest was suppressed.
Summary of this case from People v. HarvinSeptember 6, 2005.
Motor Vehicles — Chemical Tests.
In People v. Kenny, 9 Misc.3d 1104(A), 2005 WL 2148893 [Richmond County Crim. Ct. 2005] evidence of a refusal made nearly three hours after the arrest was suppressed.
Summary of this case from People v. HarvinFull title:People v. Kenny (Robert)
Court:Criminal Court of the City of New York
Date published: Sep 6, 2005
This judge held that even after Atkins, the two-hour rule in VTL § 1192 remained both “evidentiary and…
People v. MariettaAssuming more than two hours had passed from the time of the defendant's arrest and, therefore, there would…