2014-03-20 TOWER INSURANCE COMPANY OF NEW YORK, Plaintiff–Appellant, v. NHT OWNERS LLC, et al., Defendants–Respondents, Robert Riccio, Defendant. Law Office of Max W. Gershweir, New York (Joseph S. Wiener of counsel), for appellant. Rothkrug Rothkrug & Spector, LLP, Great Neck (Simon H. Rothkrug of counsel), for respondents. SAXE Law Office of Max W. Gershweir, New York (Joseph S. Wiener of counsel), for appellant. Rothkrug Rothkrug & Spector, LLP, Great Neck (Simon H. Rothkrug of counsel), for respondents
October 18, 1995 Stuart Birbach, New York City, for defendant. Charles J. Hynes, District Attorney of Kings County (Mark Muccigrosso of counsel), for plaintiff. LEON RUCHELSMAN, J. Defendant was arrested and was charged with driving while under the influence of alcohol (Vehicle and Traffic Law § 1192) and criminal mischief in the third degree (Penal Law § 145.05). Defense counsel now moves for a Dunaway/Huntley/Wade refusal hearing. A hearing was held by this court, and Police Officer Gregg testified
No. 2014NA008748. 2015-03-30 The PEOPLE of the State of New York, v. Tony McCLAM, Defendant. At approximately 11:04 p.m. Officer Ford again asked the Defendant if he would submit to a chemical test of his blood. In response, the Defendant again wrote “No” and signed his name on the request form. See also: People v. Davis, 103 AD3d 810, 962 N.Y.S.2d 174 (2nd Dept.2013); People v. Sluska, 15 A.D.2d 421, 798 N.Y.S.2d 55 (2nd Dept.2005); People v. Allen, 89 AD3d 742, 932 N.Y.S.2d 142 (2nd Dept.2011)