PEOPLE v. MORA-HERNANDEZ

3437.

77 A.D.3d 531 (2010)

909 N.Y.S.2d 435

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSE MORA-HERNANDEZ, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 21, 2010.


The court properly granted defendant's motion to suppress the results of a breathalyzer test and the videotape made of the test on the ground that the officers violated his right to counsel. The police ignored defendant's repeated requests for counsel prior to the administration of the test. A defendant who has been arrested for driving while intoxicated and requests assistance of counsel generally has the right to consult with an attorney before deciding whether to consent...

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