PEOPLE v. KEARNEY


261 A.D.2d 638 (1999)

691 N.Y.S.2d 71

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JODY KEARNEY, Appellant.

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

Decided May 24, 1999.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not denied access to counsel before consenting to a blood test. It is well settled that a defendant who has been arrested for driving while intoxicated, but not yet formally charged in court, generally has the right to consult with a lawyer before deciding whether to consent to a sobriety test, if he requests the assistance of counsel and no danger of delay is posed (see, People...

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