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PEOPLE v. WASHINGTON

2011-07259.

107 A.D.3d 4 (2013)

964 N.Y.S.2d 176

2013 NY Slip Op 2600

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JONAI WASHINGTON, Respondent.

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

Decided April 17, 2013.

Attorney(s) appearing for the Case

Kathleen M. Rice , District Attorney, Mineola ( Tammy J. Smiley and Yael V. Levy of counsel), for appellant.

Frederick K. Brewington , Hempstead ( Valerie Cartright of counsel), for respondent.

DICKERSON and MILLER, JJ., concur with LEVENTHAL, J.; ANGIOLILLO, J.P., dissents in a separate opinion.

OPINION OF THE COURT

LEVENTHAL, J.

This case calls upon us to address a matter of first impression involving the right to counsel under the New York Constitution (see NY Const, art I, § 6), where the defendant consented to a chemical breath test to determine her blood alcohol content (hereinafter BAC), but, prior to the commencement of the test, the police made no effort to inform the defendant that her attorney had appeared in the matter. For...

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