PEOPLE v. WHELAN


165 A.D.2d 313 (1991)

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

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

March 25, 1991


Attorney(s) appearing for the Case

Stephen P. Scaring, P. C. (Laurie S. Hershey of counsel), for appellant.

Denis Dillon, District Attorney (George Freed and Douglas Noll of counsel), for respondent.

EIBER, HARWOOD and BALLETTA, JJ., concur.


SULLIVAN, J. P.

In this matter we are called upon to determine the adequacy of an application for an order pursuant to Vehicle and Traffic Law § 1194 (3) to compel the defendant to submit to a chemical test. Inasmuch as we find that the application was conclusory because it was based on hearsay information from sources who were not set forth and identified in the application, the results of the chemical...

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