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PEOPLE v. BROCKUM

88 A.D.2d 697 (1982)

The People of the State of New York, Respondent, v. Stanley L. Brockum, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 13, 1982

Defendant contends that the taking of a breath sample pursuant to section 1193-a of the Vehicle and Traffic Law is violative of his right against self incrimination conferred by the Fifth Amendment of the Constitution of the United States, citing two cases in Town Justice Courts, People v Hamza (109 Misc.2d 1055) and People v Delaney (83 Misc.2d 576). Section 1193-a requires a motorist...

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