PEOPLE v. SHAW


127 Misc.2d 530 (1984)

The People of the State of New York, Plaintiff, v. Wayne E. Shaw, Defendant.

Village Court of Village of New York Mills, Oneida County.

December 28, 1984


Attorney(s) appearing for the Case

Frank J. Nebush, Public Defender, for defendant. Barry M. Donalty, District Attorney (Raymond A. Tarkowski of counsel), for plaintiff.


MAYNARD T. ROMAN, J.

The defendant has moved to suppress the results of a breathalyzer test. The evidence at the suppression hearing revealed that the defendant was involved in an automobile accident on October 1, 1982. After arriving on the scene, the police chief observed the defendant's behavior and placed him under arrest for driving while intoxicated. (Vehicle and Traffic Law § 1192 [3].)

Following the arrest, the officer read a "DWI...

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