PEOPLE v. HARRINGTON


111 Misc.2d 648 (1981)

The People of the State of New York, Plaintiff, v. William Harrington, Defendant.

County Court, Monroe County.

November 18, 1981


Attorney(s) appearing for the Case

John J. LaDuca for defendant. Donald O. Chesworth, District Attorney (Larry Bernstein of counsel), for plaintiff.


HYMAN T. MAAS, J.

Defendant contends that his submission to the breathalyzer test was caused by police coercion and therefore the results of said test are inadmissible.

Defendant, after hearing the Motor Vehicle Commissioner's warnings, was advised by his lawyer not to submit to the breathalyzer test. Subsequent to his telephone advice from his lawyer, Deputy Hine again advised the defendant of the commissioner's warnings and upon refusal defendant...

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