People v. Ward
Decision Date | 09 April 1998 |
Citation | 176 Misc.2d 398,673 N.Y.S.2d 297 |
Parties | , 1998 N.Y. Slip Op. 98,215 The PEOPLE of the State of New York, Plaintiff, v. Russell WARD, Defendant. |
Court | New York Supreme Court |
Christopher Nalley, Staten Island, for defendant.
William L. Murphy, District Attorney of Richmond County (Michael Conroy, of counsel), for plaintiff.
Defendant is charged with Operating a Motor Vehicle While Under the Influence of Alcohol as a felony in violation of Vehicle and Traffic Law § 1192(3). The defense contends the police had no basis for the initial stop of the defendant, that defendant's Fourth Amendment fights were therefore violated, and that all evidence obtained thereafter is suppressible as fruit of the illegal stop. Defendant also argues that his refusal to submit to a chemical test was obtained more than two hours after his arrest and therefore is inadmissible pursuant to Vehicle and Traffic Law § 1194. The People maintain that the defendant's arrest was lawful, and that evidence of a refusal is admissible even if obtained more than two hours after arrest. In this regard a combined Dunaway/Huntley/Mapp hearing was held before this court with two witnesses testifying: Officer Larry Holmes of the U.S. Park Police and Officer Lewis Morales of the Staten Island Highway Unit. Both officers were credible.
Defendant's Dunaway motion is denied. The defense concedes that littering on a public highway is a violation of the Vehicle and Traffic Law. (Vehicle and Traffic Law § 1220). The officer's initial stop of defendant's vehicle was therefore lawful. People v. Ingle, 36 N.Y.2d 413, 369 N.Y.S.2d 67, 330 N.E.2d 39 (1975). Thereafter, the officer's observations of defendant, including his staggering gait, slurred speech, and bloodshot eyes, as well as the field sobriety test results, established probable cause to arrest the defendant for driving while intoxicated. People v. Blajeski, 125 A.D.2d 582, 509 N.Y.S.2d 648 (2d Dept., 1986).
Defendant's Huntley motion is granted in part and denied in part. The People concede that statements made at the Park Police office were "custodial and pre-Miranda ". The motion is granted as to these statements. Defendant's initial statements, made on Cedar Grove Avenue, asking why he was being stopped and denying any wrongdoing, were spontaneous. Defendant's ensuing statements, that he had had one beer and "no" in response to the inquiry concerning medication, were made during a temporary roadside detention pursuant to a routine traffic stop. This was not a custodial setting, and Miranda warnings were not required. People v. Bennett, 70 N.Y.2d 891, 524 N.Y.S.2d 378, 519 N.E.2d 289 (1987); People v. Mathis, 136 A.D.2d 746, 523 N.Y.S.2d 915 (2d Dept., 1988). Defendant's Huntley motion is denied as to these statements made on Cedar Grove Avenue.
Defendant's Mapp motion as to the beer in the cooler is also denied. A valid arrest for a crime authorizes a warrantless search of a vehicle and of a closed container visible in the passenger compartment of the vehicle which the arrested person is driving when the circumstances give reason to believe that the vehicle or its visible contents may be related to the crime for which the arrest is being made. People v. Belton, 55 N.Y.2d 49, 447 N.Y.S.2d 873, 432 N.E.2d 745 (1982). Such is the case here with the cooler and its contents which were, therefore, properly seized.
Finally, defendant argues that evidence of a refusal to take the chemical test must be suppressed as the test was not offered until more than two hours after the arrest, in violation of Vehicle and Traffic Law § 1194(2)(a). That section provides that anyone who operates a motor vehicle impliedly consents to the administration of a chemical test to determine blood alcohol content. Subparagraph one (1) of that section provides that the test must be administered within two hours of the arrest. The defendant contends that when the test is belatedly offered, evidence of a refusal to take it should be suppressed. The Court of Appeals has not specifically addressed this issue, and the only appellate decision squarely dealing with it, People v. Brol, 81 A.D.2d 739, 438 N.Y.S.2d 424, a 1981 Fourth Department case, found such evidence to be incompetent. Nevertheless, considering the reasoning in Brol, supra in conjunction with several subsequent decisions interpreting the scope of the two hour rule, it seems clear that today the rule has no application in a determination of the admissibility of evidence that a defendant refused a chemical test.
The Brol court, having...
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