PEOPLE v. JOHNSON


88 Misc.2d 53 (1976)

The People of the State of New York, Plaintiff, v. Samuel Johnson, Defendant.

Criminal Court of the City of New York, Bronx County.

October 13, 1976


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Lewis Fishman of counsel), for plaintiff. Marion Gaines Hill for defendant.


JULIAN A. HERTZ, J.

In addition to other charges, the defendant is alleged to have been driving his vehicle while under the influence of alcohol in violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law. Demand was timely made but the defendant refused to take the chemical breathalyzer test.

At this jury trial the arresting police officer testified to his observations concerning the physical condition of the defendant. Those...

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