PEOPLE v. KELTY


95 Misc.2d 246 (1978)

The People of the State of New York, Plaintiff, v. George P. Kelty, Defendant.

District Court of Nassau County, First District.

June 30, 1978


Attorney(s) appearing for the Case

Stephen Scaring for defendant. Denis Dillon, District Attorney (Thomas Feinman of counsel), for plaintiff.


HAROLD FERTIG, J.

Defendant made an omnibus motion to suppress a statement allegedly made by the defendant and the results of a breathalyzer test given to the defendant, on the grounds that it was illegally performed.

At the end of the hearing the defendant's motion was denied as to the statement and the court found that the police had probable cause for the arrest and there was enough evidence for the jury to find that the breathalyzer test was...

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