PEOPLE v. EARLEY


244 A.D.2d 769 (1997)

666 N.Y.S.2d 223

The People of the State of New York, Respondent, v. Gary Earley, Appellant

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

November 26, 1997


Spain, J.

On March 9, 1994 at approximately 9:50 P.M., defendant was stopped by a Sullivan County Deputy Sheriff in the Town of Thompson, Sullivan County. The Deputy Sheriff detected a strong odor of alcohol on defendant's breath; he conducted several field-sobriety tests and defendant was subsequently placed under arrest. Defendant was transported to the Sheriff's Patrol Headquarters where he refused to submit to a breathalyzer test. Thereafter, in April...

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