People State New York v. Herman Thomas - Court of Appeals of New York

People State New York v. Herman Thomas

By Court of Appeals of New York

  • Release Date - Published: 1978-12-07
  • Book Genre: Law
  • Author: Court of Appeals of New York
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People State New York v. Herman Thomas Court of Appeals of New York read online review & book description:

We uphold the constitutionality of subdivision 4 of section 1194 of the Vehicle and Traffic Law which provides that evidence of a defendants refusal to submit to a chemical test to determine the alcoholic content of his blood shall be admissible in any trial based on a violation of section 1192 of the Vehicle and Traffic Law, provided he was given sufficient warning, in clear and unequivocal language, of the effect of such refusal. The introduction of such evidence in accordance with this statute does not violate the defendants privilege against self incrimination under either the Federal or the State Constitution.

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