Matter of Stark v. New York State Dep't of Motor Vehicles

New York Court of Appeals

Matter of Stark v. New York State Dep't of Motor Vehicles

481 N.E.2d 548, 65 N.Y.2d 720, 65 N.Y. 720, 492 N.Y.S.2d 8, 1985 N.Y. LEXIS 15118

CourtNew York Court of Appeals

DecidedJune 4, 1985

StatusPublished

Cited by16 cases

This text of 481 N.E.2d 548 (Matter of Stark v. New York State Dep't of Motor Vehicles) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Stark v. New York State Dep't of Motor Vehicles, 481 N.E.2d 548, 65 N.Y.2d 720, 65 N.Y. 720, 492 N.Y.S.2d 8, 1985 N.Y. LEXIS 15118 (N.Y. 1985).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, with costs.

The Commissioner of Motor Vehicles, pursuant to Vehicle and Traffic Law § 1194, determined that the warrantless arrest here *722 was justified by exigent circumstances. The record demonstrates that there was an uninterrupted pursuit of petitioner by the police and that the intrusion into his home was necessary to enable them to attempt to ascertain petitioner’s blood alcohol level within the two-hour time limit prescribed by Vehicle and Traffic Law § 1194. On this record, the warrantless arrest was not illegal and the Commissioner’s determination to revoke petitioner’s license because of his refusal to submit to the chemical blood level alcohol test had a rational basis and may not be disturbed. (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176.) We have considered petitioner’s other contentions and find them to be meritless.

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur; Judge Titone taking no part.

Judgment affirmed, with costs, in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, with costs.

The Commissioner of Motor Vehicles, pursuant to Vehicle and Traffic Law § 1194, determined that the warrantless arrest here *722 was justified by exigent circumstances. The record demonstrates that there was an uninterrupted pursuit of petitioner by the police and that the intrusion into his home was necessary to enable them to attempt to ascertain petitioner’s blood alcohol level within the two-hour time limit prescribed by Vehicle and Traffic Law § 1194. On this record, the warrantless arrest was not illegal and the Commissioner’s determination to revoke petitioner’s license because of his refusal to submit to the chemical blood level alcohol test had a rational basis and may not be disturbed. (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176.) We have considered petitioner’s other contentions and find them to be meritless.

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur; Judge Titone taking no part.

Judgment affirmed, with costs, in a memorandum.

Cite This Page — Counsel Stack

Bluebook (online)

481 N.E.2d 548, 65 N.Y.2d 720, 65 N.Y. 720, 492 N.Y.S.2d 8, 1985 N.Y. LEXIS 15118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-stark-v-new-york-state-dept-of-motor-vehicles-ny-1985.

Opinion

Related

Cite This Page — Counsel Stack