People v. Jose Aviles

Decided On : 11/22/2016
AT1 order dated March 23, 2015, reversing criminal court’s dismissal of accusatory instrument.  Decision below: 47 Misc. 3d 126A, 13 NYS3d 851, 2015 WL 1295874.  Pigott, J., granted leave July 29, 2015.
ISSUE PRESENTED: Due process and equal protection challenge to NYPD’s policy of administering both breathalyzer and physical coordination tests to English-speaking DWI suspects, while offering only the breathalyzer test to non-English-speaking suspects such as the defendant.  (Assigned counsel: V. Marika Meis, The Bronx Defenders, 360 East 161st St., Bronx, NY 10451.)

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People v Aviles