People v Navarrette Court Discusses the Interpretation of the Word Operation in Section 600(2)(a) of the Vehicle and Traffic Law The defendant was charged with a class B misdemeanor, attempted leaving the scene of an incident without reporting, under section 110.00 Penal Law and section 600 (2) (a)Vehicle and Traffic…
People v. Philbert Court Discusses Whether the Defendant was given a Clear and Unequivocal Refusal Warning from a Warning Card The defendant was charged with driving while intoxicated pursuant to section 1192 of the Vehicle and Traffic Law after the police officer observed the defendant’s slurred speech, bloodshot eyes and…
People v. LeBeau Court Discusses Lesser Included Offenses of Vehicular Assault The defendant was arrested and charged after he struck a pedestrian with his taxi after making a U-turn. The defendant admitted to the officer that the cause of the accident as a result of him drinking alcohol, taking cocaine…
Application of Mackell Court Discusses Whether the District Attorney was Permitted to Request that the Defendant Shave for a Line up The District Attorney made an application to the court requesting that the respondent be permitted to shave his beard under the direction of the prison warden for the purposes…
People v Bain Court Discusses Whether the Evidence was Legally Insufficient for Conviction The defendant indicted and convicted for manslaughter in the second degree, vehicular manslaughter in the second degree, and driving while intoxicated after an accident that resulted in his wife’s death. The appealed the conviction on the ground…
People v Bici Court Discusses Whether the Defendant was Prejudiced with the Admission of an Abstract into Evidence The defendant was arrested of driving while intoxicated, aggravated unlicensed operation of a motor vehicle in the third degree, and unlicensed operation of a motor vehicle. He was arrested after the police…
People v Dzvonyk Court Discusses Whether the Defendant’s Constitutional Right was Violated after Failure to give Refusal Warning in his Native Language. The defendant, who was a Russian immigrant, was arrested and charged with three counts of Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs, two…
People v Cabrera Court Discusses Whether the Conduction of a Checkpoint was Unconstitutional The defendant was arrested for driving while intoxicated DWI after being stopped at a police vehicle checkpoint. The defendant requested a pre-trial suppression of his breathalyzer results on the ground that the conduction of the checkpoint was…
People v. Coniglio Court Discusses Whether a Dying Declaration was Admissible in a Murder Trial The defendant was indicted for two counts of murder and one count of attempted murder. The defendant requested a motion to suppress statements made by the deceased and by himself, and the gun and bullets…
The defendant was charged with Driving While Intoxicated Per Se, Vehicle and Traffic Law, Driving While Intoxicated, Turning Movements and Required Signals, and Consumption or Possession of Alcoholic Beverages in Certain Motor Vehicles. After a trial by jury, the defendant was convicted of Driving While Intoxicated Per Se, Driving While…