PEOPLE v. SMITH

No. 28.

18 N.Y.3d 544 (2012)

942 N.Y.S.2d 426

2012 NY Slip Op 1147

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD K. SMITH, Appellant.

Court of Appeals of New York.

Decided February 16, 2012.


Attorney(s) appearing for the Case

Larkin, Axelrod, Ingrassia & Tetenbaum, LLP, Newburgh ( Kathleen V. Wells of counsel), for appellant.

Thomas P. Zugibe , District Attorney, New City ( Itamar J. Yeger of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

GRAFFEO, J.

As a consequence of a motor vehicle stop, defendant was convicted of driving while ability impaired. On appeal, he maintained that the trial court erred in permitting the People to introduce—as proof of consciousness of guilt—evidence that he refused to take a chemical breath test to determine his blood alcohol content when requested to do so by state troopers. We agree and we therefore reverse the conviction...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases