OPINION OF THE COURT JOHN H. WILSON, J. Defendant is charged with one count each of endangering the welfare of a child (Penal Law 260.10) and criminal possession of a controlled substance in the seventh degree (Penal Law 220.03), both class A misdemeanors, as well as one count of unlawful possession of marijuana (Penal Law 221.05), a violation. By omnibus motion dated June 12, 2013, defendant seeks the following: dismissal of the charge of endangering the welfare of a child, asserting...
OPINION OF THE COURT MATTHEW A. SCIARRINO, JR., J. The People may use the defendant's refusal to take a blood alcohol content (BAC) test offered over two hours from arrest at the trial of the defendant, and the court's earlier decision is so modified. The defendant, David Harvin, is charged with operating a motor vehicle while under the influence of alcohol or drugs (Vehicle and Traffic Law 1192 [3]) and other related charges. On April 17, 2013, a hearing was held before Judicial...
