MATTER OF KING v. KELLY


9 A.D.2d 840 (1959)

In the Matter of John E. King, Petitioner, v. Joseph P. Kelly, as Commissioner of Motor Vehicles of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 13, 1959


The contention in petitioner's brief that he was not, as the statute requires, "placed under arrest" before the request for a test was made, was not argued but the evidence is clear that the arrest preceded the request. Upon such arrest petitioner was taken to a division station house and he there refused a request to submit to the test. While there, he asked permission to use a telephone. He does not dispute a patrolman's testimony, first, that the desk sergeant told him...

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