PEOPLE v. SHAW


72 N.Y.2d 1032 (1988)

The People of the State of New York, Respondent, v. Wayne E. Shaw, Appellant.

Court of Appeals of the State of New York.

Decided October 27, 1988.


Attorney(s) appearing for the Case

Frank J. Nebush, Jr., Public Defender, for appellant.

Barry M. Donalty, District Attorney (Donald R. Gerace of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the County Court should be affirmed.

The defendant, arrested for driving while intoxicated, consented to taking a breathalyzer test. Prior to trial he moved to suppress the test results claiming that his Sixth Amendment rights were violated because he was not advised of his right to counsel when requested to take the test.

The trial court granted the defendant's motion and suppressed...

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