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ENDARA-CAICEDO v. STATE DMV

No. 7.

38 N.Y.3d 20 (2022)

184 N.E.3d 871

164 N.Y.S.3d 50

2022 NY Slip Op 00959

In the Matter of PEDRO ENDARA-CAICEDO, Appellant, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

Court of Appeals of New York.

Decided February 15, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( V. Marika Meis of counsel), for appellant.

Letitia James , Attorney General, New York City ( Philip J. Levitz , Barbara D. Underwood and Anisha S. Dasgupta of counsel), for respondents.

Gerstenzang, Sills, Cohn & Gerstenzang, Albany ( Eric H. Sills of counsel), New York State Association of Criminal Defense Lawyers, Garden City ( Steven B. Epstein of counsel), and Steven Epstein DWI Institute, Garden City ( Steven B. Epstein of counsel), for New York State Association of Criminal Defense Lawyers and another, amici curiae.

OPINION OF THE COURT

The primary question presented by this appeal is whether the two-hour rule in Vehicle and Traffic Law § 1194(2)(a)(1), authorizing a chemical test to be taken from a motorist based upon deemed consent, is applicable to a Department of Motor Vehicles (DMV) license revocation hearing held pursuant...

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