PEOPLE v. BRACKEN


129 Misc.2d 1048 (1985)

The People of the State of New York, Plaintiff, v. Robert Bracken, Defendant.

Criminal Court of the City of New York, Kings County.

November 4, 1985


Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Kenneth Rigby of counsel), for plaintiff. Anthony J. Migliacco, Jr., for defendant.


ALBERT KOCH, J.

Defendant, Robert Bracken, charged with a violation of Vehicle and Traffic Law § 1192 (2), operating a motor vehicle with .10% or more alcohol in his blood, moved to suppress his statements and his breathalyzer test results.

During the Huntley hearing, issue was raised as to whether these should be barred from evidence because after his arrest the defendant was threatened with incarceration until arraignment unless...

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