PEOPLE v. RODRIGUEZ


80 Misc.2d 1060 (1975)

The People of the State of New York, Plaintiff, v. Jose Rodriguez, Defendant.

Supreme Court, Trial Term, Bronx County.

February 25, 1975


Attorney(s) appearing for the Case

William J. Gallagher and Lawrence Vogelman for defendant. Mario Merola, District Attorney (Robert Beck of counsel), for plaintiff.


MAX BLOOM, J.

Defendant stands indicted for resisting arrest and for operating a motor vehicle while intoxicated. Within the time prescribed by statute (Vehicle and Traffic Law, § 1194, subd. 1, pars. [1] and [2]), defendant was requested to take "a chemical test of his breath, blood, urine, or saliva for the purpose of determining the alcoholic or drug content of his blood". He refused to do so. He now moves to preclude the District Attorney from...

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