PEOPLE v. McMILLAN


112 Misc.2d 901 (1982)

The People of the State of New York, Plaintiff, v. Murel C. McMillan, Defendant.

County Court, Monroe County.

February 8, 1982


Attorney(s) appearing for the Case

Thomas Fox, Assistant Public Defender, for defendant. Terry Servis, Assistant District Attorney, for plaintiff.


DONALD J. MARK, J.

The defendant, who has been charged with two counts of driving while intoxicated and two traffic violations, has made this application pursuant to CPL 710.20 (subds 1, 3) to suppress the result of his breath analysis upon the ground there was no probable cause to arrest him, and his admission upon the ground that it was obtained as the result of custodial interrogation without the required constitutional warnings.

The defendant...

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