New York Court of Appeals

The People of the State of New York v. Francisco Alvarez, Paul Clancy, Thomas Jackson and Nelson Otero

November 12, 198770 N.Y.2d 375

Summary

The Court affirmed the Appellate Term's denial of the defendants' motions to suppress breathalyzer results, holding that the New York State Constitution does not require police to take and preserve a second breath sample for later use by the accused.