People v. Kearney
| Decision Date | 24 May 1999 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>JODY KEARNEY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he was not denied access to counsel before consenting to a blood test. It is well settled that a defendant who has been arrested for driving while intoxicated, but not yet formally charged in court, generally has the right to consult with a lawyer before deciding whether to consent to a sobriety test, if he requests the assistance of counsel and no danger of delay is posed (see, People v Gursey, 22 NY2d 224, 229; People v O'Rama, 162 AD2d 727, revd on other grounds 78 NY2d 270). However, a defendant does not have the right to refuse the test until a lawyer reaches the scene (see, People v O'Rama, supra).
The police officers' efforts to contact the defendant's attorney were reasonable and sufficient under the circumstances of this case (see, Vehicle and Traffic Law § 1194 [2]; People v Gursey, supra; People v O'Rama, supra). Accordingly, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress the results of the test performed on blood taken from the defendant after he consented to the test in the absence of an attorney.
To continue reading
Request your trial
-
People v. Stanciu
...administration of the chemical test (People v. Monahan, 295 A.D.2d 626, 744 N.Y.S.2d 879 [2nd Dept.2002] ; People v. Kearney, 261 A.D.2d 638, 691 N.Y.S.2d 71 [2nd Dept.1999] ).Request for Attorney A defendant's request for an attorney must be unequivocal (see generally People v. Glover, 87 ......
-
PEOPLE Of The State Of N.Y. V. CERAVOLO
...People v. Gursev. 22 N.Y.2d 224. 228-229. 292 N.Y.S.2d 416. 239 N.E.2d 351:see, Vehicle and Traffic Law 8 1194[1], [2]; People v. Kearney. 261 A.D.2d 638. 638. 691 N.Y.S.2d 71.Iv. denied 93 N.Y.2d 1020. 697 N.Y.S.2d 579. 719 N.E.2d 940).Here, the record does not support the conclusion that ......
-
People v. Borst
...reasonable and sufficient under the circumstances (see People v. DePonceau, 275 A.D.2d 994, 715 N.Y.S.2d 197 [2000] ; People v. Kearney, 261 A.D.2d 638, 691 N.Y.S.2d 71 [1999] ). A violation of defendant's limited right to legal consultation 20 N.Y.S.3d 841generally requires suppression of ......
-
People v. Vinogradov
...994, lv denied 95 N.Y.2d 962, quoting People v Gursey, 22 N.Y.2d 224, 228-229; see, Vehicle and Traffic Law § 1194 [1], [2]; People v Kearney, 261 A.D.2d 638, 638, lv denied 93 N.Y.2d 1020). Here, contrary to defendant's characterization of the evidence, the trial record does not support th......