PEOPLE v. SALAZAR

SCI. 40154C/07, 9943

112 A.D.3d 5 (2013)

973 N.Y.S.2d 140

2013 NY Slip Op 6629

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RAUL SALAZAR, Respondent.

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

Decided October 10, 2013.


Attorney(s) appearing for the Case

Robert T. Johnson , District Attorney, Bronx ( Stanley R. Kaplan and Joseph N. Ferdenzi of counsel), for appellant.

Steven Banks , The Legal Aid Society, New York City ( Martin M. Lucente of counsel), for respondent.

TOM, J.P., FRIEDMAN and FEINMAN, JJ., concur.


OPINION OF THE COURT

SWEENY, J.

Does the failure of the police to administer a physical coordination test to a non-English speaking defendant of Hispanic origin arrested for driving while intoxicated violate equal protection and due process, where such tests are routinely administered to English-speaking defendants? For the reasons stated herein, we hold that it does not.

On June 26, 2007, at approximately 10:55 p.m., Police Officer Miguel Iglesias...

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