From Casetext: Smarter Legal Research

Matter of Boyle v. Tofany

Court of Appeals of the State of New York
Jun 24, 1975
337 N.E.2d 127 (N.Y. 1975)

Opinion

Argued June 3, 1975

Decided June 24, 1975

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Louis J. Lefkowitz, Attorney-General (Philip J. Fitzgerald and Jean M. Coon of counsel), for appellant.

M. Andrew Dwyer and Joseph B. Rafter for respondent.


MEMORANDUM. The order of the Appellate Division should be reversed and the determination of the Commissioner of Motor Vehicles reinstated for the reasons stated in the dissenting opinion of Mr. Justice MICHAEL E. SWEENEY, with the following additional comment.

Owing to the nature of this one-vehicle accident, known to the investigating police officer, petitioner's admission to him that he had been drinking earlier in the evening and petitioner's then intoxicated condition, we think there was reasonable ground for the officer to believe that at the time of the accident petitioner was driving while intoxicated. It follows that the request to submit to the breathalyzer test was proper and that petitioner's refusal to submit warranted the license revocation. (Vehicle and Traffic Law, § 1194.)

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge COOKE taking no part.

Judgment reversed, with costs, and the determination of the Commissioner of Motor Vehicles reinstated in a memorandum.


Summaries of

Matter of Boyle v. Tofany

Court of Appeals of the State of New York
Jun 24, 1975
337 N.E.2d 127 (N.Y. 1975)
Case details for

Matter of Boyle v. Tofany

Case Details

Full title:In the Matter of JOHN J. BOYLE, Respondent, v. VINCENT L. TOFANY, as…

Court:Court of Appeals of the State of New York

Date published: Jun 24, 1975

Citations

337 N.E.2d 127 (N.Y. 1975)
337 N.E.2d 127
374 N.Y.S.2d 613

Citing Cases

Matter of Tompkins v. Melton

As to the first contention, it is petitioner's claim that there was some evidence of the consumption of beer…

Matter of Smith v. Melton

Respondent accepted the officer's account, and the record contains substantial evidentiary support for his…