New York Court of Appeals
The People of the State of New York, Respondent v. David S. Finnegan, Appellant
February 16, 199585 N.Y.2d 53
Summary
The Court held that Vehicle and Traffic Law § 1194(4)(b) grants a defendant the right to obtain an independent chemical test but does not impose an affirmative duty on police to assist in obtaining that test. Accordingly, the defendant's motion to suppress the breathalyzer results was denied and the conviction was affirmed.