People v. McGrath
| Decision Date | 20 December 1988 |
| Citation | 537 N.Y.S.2d 480,73 N.Y.2d 826 |
| Parties | , 534 N.E.2d 318 The PEOPLE of the State of New York, Respondent, v. Richard McGRATH, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Order affirmed for the reasons stated in the opinion by Justice Arthur D. Spatt at the Appellate Division (135 A.D.2d 60, 524 N.Y.S.2d 214).
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16 cases
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People v. Odum
...214 [1995] ; People v. McGrath, 135 A.D.2d 60, 62, 524 N.Y.S.2d 214 [2d Dept. 1988], affd for reasons stated below 73 N.Y.2d 826, 537 N.Y.S.2d 480, 534 N.E.2d 318 [1988] ). Nevertheless, we contemporaneously instructed that the statute "mandates that the breathalyzer test be performed withi......
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Endara-Caicedo v. N.Y.S. Dep't of Motor Vehicles
...applied to the admissibility of the results of chemical tests obtained by section 1194(3) court order (see People v. McGrath, 73 N.Y.2d 826, 537 N.Y.S.2d 480, 534 N.E.2d 318 [1988], affd on op below 135 A.D.2d 60, 524 N.Y.S.2d 214 [2d Dept. 1988] ), upon a defendant's voluntary consent to t......
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People v. Victory
... ... Once the People meet their burden, the burden shifts to the defense to show why the consent was not voluntary ... Court Ordered Tests ... The Second Department has ruled that the two-hour time limitation does not apply to court-ordered chemical tests (People v. McGrath, 135 A.D.2d 60, 524 N.Y.S.2d 214 [1988], aff'd, 73 N.Y.2d 826, 537 N.Y.S.2d 480, 534 N.E.2d 318 [1988].) The justification for allowing such court ordered BAC tests is that an impartial ruling will be made to determine if such a test will be relevant, based upon the particular facts and ... ...
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People v. Demetsenare
... ... The test was administered within two hours after defendant was arrested in compliance with Vehicle and Traffic Law § 1192(2). We note that such time limitation is not applicable in any event to chemical tests performed pursuant to a court order (see, People v. McGrath, 135 A.D.2d 60, 524 N.Y.S.2d 214, affd. 73 N.Y.2d 826, 537 N.Y.S.2d 480, 534 N.E.2d 318) ... We reject as well defendant's contention that there was no probable cause for defendant's arrest and that the verdict was not based on legally sufficient evidence. Defendant contends that ... ...
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