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PEOPLE v. CURLEY

122 A.D.2d 67 (1986)

The People of the State of New York, Respondent, v. Thomas J. Curley, Appellant

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

July 7, 1986

Judgment affirmed, and case remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

For the first time on appeal, the defendant contends that the results of his breathalyzer test should be suppressed because he was denied the opportunity to contact an attorney before deciding whether to consent to the test (see, People v Gursey, 22 N.Y.2d 224). Although the defendant testified...

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