People v. Shaw

CourtNew York County Court
Writing for the CourtJOHN L. MURAD
Citation133 Misc.2d 862,508 N.Y.S.2d 844
PartiesPEOPLE of the State of New York, Plaintiff-Appellant, v. Wayne E. SHAW, Defendant-Respondent.
Decision Date31 October 1986

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508 N.Y.S.2d 844
133 Misc.2d 862
PEOPLE of the State of New York, Plaintiff-Appellant,
v.
Wayne E. SHAW, Defendant-Respondent.
Oneida County Court.
Oct. 31, 1986.

Barry M. Donalty, Dist. Atty. of Oneida County by Raymond A. Tarkowski, Asst. Dist. Atty., of counsel, for plaintiff-appellant.

Frank J. Nebush, Oneida Co. Public Defender, for defendant-respondent.

JOHN L. MURAD, Judge.

The People appeal from a decision and order of the Village Court of New York Mills, 127 Misc.2d 530, 486 N.Y.S.2d 607, granting defendant's motion to suppress results of a Breathalyzer test. On October 1st, 1982 defendant was arrested for driving under the influence of alcohol. At the scene of the arrest, defendant was requested to submit to a chemical test for alcohol or a Breathalyzer test. Defendant was further advised by the arresting officer that his refusal to submit to a chemical test would result in immediate suspension or revocation of his operating privileges, whether or not he was found guilty of the charges for which he was arrested. Defendant was further advised that his refusal to submit to a chemical test can be introduced into evidence against him in trial proceedings or hearings resulting from his arrest. Defendant stated that he did not want to take the test. Defendant was then taken to the New York Mills police station, where he was again advised as to the effect of a refusal to submit to a chemical test. At this time defendant agreed to undergo a Breathalyzer test. Defendant was then taken to the New York State Police Barracks in New Hartford, where a Breathalyzer test was administered.

Defendant was not advised of any Miranda rights, citing Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, nor was he advised that he could consult

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with an attorney before taking the test. At no time did he request that he be allowed to call or to consult with an attorney.

The only real issue here is whether the point in time when a driver is asked to submit to a Breathalyzer test is or is not a "critical stage" of the proceedings, such that the absolute right to counsel inalienably attaches at that point in time.

Defendant's contention is that this is a Constitutionally "critical stage" of the adversarial proceedings, and the Court below found that it was. Defendant contends, and the Court below agreed, that good or bad effects of refusing to undergo a test could only be assessed in the presence of an attorney,...

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3 practice notes
  • People v. Rosario
    • United States
    • New York City Court
    • 30 Julio 1987
    ...N.Y.S.2d 638 (Crim.Ct., N.Y.Cty.1987) (defendant not entitled to Miranda warnings before physical coordination tests); People v. Shaw, 133 Misc.2d 862, 863, 508 N.Y.S.2d 844 (Cty.Ct., Oneida Cty.1986) (no Miranda warnings required prior to breathalyzer test); People v. Graser, 90 Misc.2d 21......
  • People v. Shaw
    • United States
    • New York Court of Appeals
    • 27 Octubre 1988
    ...motion and suppressed the results of the test (127 Misc.2d 530, 486 N.Y.S.2d 607). On appeal by the People, the County Court reversed (133 Misc.2d 862, 508 N.Y.S.2d 844). The defendant has appealed claiming that he was entitled to be informed of his right to counsel at the time he was asked......
  • People v. Shaw
    • United States
    • New York Court of Appeals
    • 9 Junio 1988
    ...PEOPLE of the State of New York, Respondent, v. Wayne E. SHAW, Appellant. Court of Appeals of New York. June 9, 1988. Reported below: 133 Misc.2d 862, 508 N.Y.S.2d Appeal dismissed upon the ground that defendant is not presently available to obey the mandate of the Court of Appeals in the e......
3 cases
  • People v. Rosario
    • United States
    • New York City Court
    • 30 Julio 1987
    ...N.Y.S.2d 638 (Crim.Ct., N.Y.Cty.1987) (defendant not entitled to Miranda warnings before physical coordination tests); People v. Shaw, 133 Misc.2d 862, 863, 508 N.Y.S.2d 844 (Cty.Ct., Oneida Cty.1986) (no Miranda warnings required prior to breathalyzer test); People v. Graser, 90 Misc.2d 21......
  • People v. Shaw
    • United States
    • New York Court of Appeals
    • 27 Octubre 1988
    ...motion and suppressed the results of the test (127 Misc.2d 530, 486 N.Y.S.2d 607). On appeal by the People, the County Court reversed (133 Misc.2d 862, 508 N.Y.S.2d 844). The defendant has appealed claiming that he was entitled to be informed of his right to counsel at the time he was asked......
  • People v. Shaw
    • United States
    • New York Court of Appeals
    • 9 Junio 1988
    ...PEOPLE of the State of New York, Respondent, v. Wayne E. SHAW, Appellant. Court of Appeals of New York. June 9, 1988. Reported below: 133 Misc.2d 862, 508 N.Y.S.2d Appeal dismissed upon the ground that defendant is not presently available to obey the mandate of the Court of Appeals in the e......

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