People v. Donovan

CourtNew York Court of Special Sessions
Writing for the CourtLeonard Rubenfeld, Dist. Atty.; JOHN M. FRIEDMAN
Citation53 Misc.2d 687,279 N.Y.S.2d 404
Decision Date08 May 1967
PartiesPEOPLE of the State of New York, Plaintiff, v. Susan DONOVAN, Defendant.

Page 404

279 N.Y.S.2d 404
53 Misc.2d 687
PEOPLE of the State of New York, Plaintiff,
v.
Susan DONOVAN, Defendant.
Court of Special Sessions, Village of Scarsdale, Westchester County.
May 8, 1967.

Page 405

Leonard Rubenfeld, Dist. Atty., J. O'Neil Kelly, Asst. Dist. Atty., for the People.

Frank I. Tashker, New York City, for defendant.

JOHN M. FRIEDMAN, Justice.

Late one Sunday afternoon in November, 1966, the Scarsdale police received a telephone call from a home owner asking that they investigate an auto which, in suspicious fashion, had been parked in the driveway of the home. A police radio car with two patrolmen was dispatched. At the scene, the police found the car as reported, with defendant sprawled across the front seat. It was quite apparent that she had 'passed out', after having thrown up.

The police roused the lady and requested identification. Chafing at the interruption of her slumber, defendant railed at the police in language which accorded with a lack of sobriety. The police consulted with the home owner, who declined to make a [53 Misc.2d 688] formal complaint, but who thought it would benefit the neighborhood if the removal of defendant were speedily accomplished.

The police then addressed defendant: 'Lady, you're on private property; you can't stay here; you'll have to leave.' She declined the latter suggestion with vigor. The police then left, and, possibly with gallant concern for defendant's well-being, parked their car a block away where they could keep an eye on the driveway.

Sure enough, moments later defendant backed out of the driveway and literally drove into the arms of the police, who arrested her and brought her to the station house. A blood sample was taken, and she was charged with operating her vehicle while her ability to operate was impaired by the consumption of alcohol, a violation of section 1192, subdivision 1 of the Vehicle and Traffic Law.

Defendant testified that she had left friends in Pelham earlier on the afternoon in question, where she had had 3 scotches and soda and some roast pork and a baked potato. This excellent nourishment apparently did not agree with her, and, while driving to her home, she felt nauseous. She pulled off the main road onto what she thought was a side road, where she parked. The side road was, of course, the driveway mentioned. Some driveways in Scarsdale do look like public roads.

Defendant, as has been indicated, did become ill, and, knowing she was in no condition to drive, lay her...

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5 practice notes
  • State v. Fogarty
    • United States
    • United States State Supreme Court (New Jersey)
    • June 8, 1992
    ...make it reasonable for a defendant not to inform the officer of his disability and not to pursue other alternatives. People v. Donovan, 53 Misc.2d 687, 279 N.Y.S.2d 404 (Ct.Spec.Sess.1967), illustrates the point. Police officers found the defendant asleep in her car parked in the homeowner'......
  • United States v. Lansing, No. 24076.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 26, 1970
    ...559, 85 S.Ct. 476, 13 L.Ed.2d 487 (1965); People v. Markowitz, 18 N.Y.2d 953, 277 N.Y.S.2d 149, 223 N.E.2d 572 (1966); People v. Donovan, 53 Misc.2d 687, 279 N.Y.S.2d 404 (Westchester Ct.Spec.Sess. 1967), we have no occasion to determine. See generally Note, Applying Estoppel Principles in ......
  • Com. v. Rider
    • United States
    • Appeals Court of Massachusetts
    • December 4, 1979
    ...Schiff v. People, 111 Colo. 333, 336, 141 P.2d 892 (1943) (police order negated the required intent to steal). People v. Donovan, 53 Misc.2d 687, 689, 279 N.Y.S.2d 404 (Westchester Ct.Spec.Sess.1967) a. Mass.Adv.Sh. (1979) 2043, 2052. ...
  • State v. Marshall, No. MV
    • United States
    • Circuit Court of Connecticut. Connecticut Circuit Court, Appellate Division
    • August 14, 1970
    ...act one violates a statute, a conviction should not obtain.' See Schiff v. People, 111 Colo. 333, 336, 141 P.2d 892; People v. Donovan, 53 Misc.2d 687, 279 N.Y.S.2d 404; cf. State v. Buchanan, 5 Conn.Cir. 379, 384, 254 A.2d The defendant's contention of estoppel amounts to an assertion that......
  • Request a trial to view additional results
5 cases
  • State v. Fogarty
    • United States
    • United States State Supreme Court (New Jersey)
    • June 8, 1992
    ...make it reasonable for a defendant not to inform the officer of his disability and not to pursue other alternatives. People v. Donovan, 53 Misc.2d 687, 279 N.Y.S.2d 404 (Ct.Spec.Sess.1967), illustrates the point. Police officers found the defendant asleep in her car parked in the homeowner'......
  • United States v. Lansing, No. 24076.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 26, 1970
    ...559, 85 S.Ct. 476, 13 L.Ed.2d 487 (1965); People v. Markowitz, 18 N.Y.2d 953, 277 N.Y.S.2d 149, 223 N.E.2d 572 (1966); People v. Donovan, 53 Misc.2d 687, 279 N.Y.S.2d 404 (Westchester Ct.Spec.Sess. 1967), we have no occasion to determine. See generally Note, Applying Estoppel Principles in ......
  • Com. v. Rider
    • United States
    • Appeals Court of Massachusetts
    • December 4, 1979
    ...Schiff v. People, 111 Colo. 333, 336, 141 P.2d 892 (1943) (police order negated the required intent to steal). People v. Donovan, 53 Misc.2d 687, 689, 279 N.Y.S.2d 404 (Westchester Ct.Spec.Sess.1967) a. Mass.Adv.Sh. (1979) 2043, 2052. ...
  • State v. Marshall, No. MV
    • United States
    • Circuit Court of Connecticut. Connecticut Circuit Court, Appellate Division
    • August 14, 1970
    ...act one violates a statute, a conviction should not obtain.' See Schiff v. People, 111 Colo. 333, 336, 141 P.2d 892; People v. Donovan, 53 Misc.2d 687, 279 N.Y.S.2d 404; cf. State v. Buchanan, 5 Conn.Cir. 379, 384, 254 A.2d The defendant's contention of estoppel amounts to an assertion that......
  • Request a trial to view additional results

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