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MTR GEARY v. COMMISSIONER

92 A.D.2d 38 (1983)

In the Matter of Joseph P. Geary, Respondent, v. Commissioner of Motor Vehicles of the State of New York, Appellant

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

February 28, 1983

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Patrick O. McCormack of counsel), for appellant.

Robert J. Lane for respondent.

DILLON, P. J., DOERR, BOOMER and MOULE, JJ., concur.

CALLAHAN, J.

On March 10, 1980 petitioner Joseph P. Geary was arrested for driving while intoxicated in violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law. Petitioner was advised of his rights and requested to submit to a chemical test of his breath for alcohol. He made no response at that time. Approximately 20 minutes later petitioner was again advised of his rights and was once again...

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