PEOPLE v. RINALDI


107 Misc.2d 916 (1981)

The People of the State of New York, Plaintiff, v. James Rinaldi, Defendant.

Town Court of Town of Chili, Monroe County.

February 9, 1981


Attorney(s) appearing for the Case

Norman Palmiere and Dominic Pellegrino for defendant. Lawrence T. Kurlander, District Attorney (Larry Bernstein of counsel), for plaintiff.


WALTER M. PELKEY, J.

This matter was brought before this court by the defendant under CPL 710.20 to suppress the results of a breathalyzer test on the ground that defendant was denied access to his attorney before submitting to the test. This case is unique in that it deals with the use of a mobile van for administering of the test rather than a police station.

On November 6, 1980 at about 1:24 A.M. the defendant was operating his vehicle in excess...

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