New York Court of Appeals, 1985

Matter of Stark v. New York State Dep't of Motor Vehicles

New York Court of Appeals · Decided June 4, 1985 · Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander Concur Judge Titone Taking No Part

65 N.Y.2d 720; 65 N.Y. 720; 481 N.E.2d 548; 492 N.Y.S.2d 8; 1985 N.Y. LEXIS 15118

Cases that cite this one

14 later published cases cite this decision.

People v. Thompson (Cal. 2006)
People v. Odenweller (Appellate Division of the Supreme Court of New York 1988)
People v. Scott (Bronx Criminal Court 2024)
People v. Caputo (Appellate Division of the Supreme Court of New York 2017)
People v. Elysee (Appellate Division of the Supreme Court of New York 2007)
Scott-Reitz Ltd. v. Rein Warsaw Associates (Ind. Ct. App. 1995)
People v. Coludro (Criminal Court of the City of New York 1995)
Soto v. New York State Department of Motor Vehicles (Appellate Division of the Supreme Court of New York 1994)
People v. Stockman (Amherst Town Court 1993)
Sabatowski v. Fisher Price Toys (District Court, W.D. New York 1991)
People v. Couluris (Suffolk County District Court 1990)
People v. Clark (New York Supreme Court 1989)
Olivieri v. McDonald's Corp. (District Court, E.D. New York 1988)
People v. Chrysler (Appellate Division of the Supreme Court of New York 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, with costs.

The Commissioner of Motor Vehicles, pursuant to Vehicle and Traffic Law § 1194, determined that the warrantless arrest here *722 was justified by exigent circumstances. The record demonstrates that there was an uninterrupted pursuit of petitioner by the police and that the intrusion into his home was necessary to enable them to attempt to ascertain petitioner’s blood alcohol level within the two-hour time limit prescribed by Vehicle and Traffic Law § 1194. On this record, the warrantless arrest was not illegal and the Commissioner’s determination to revoke petitioner’s license because of his refusal to submit to the chemical blood level alcohol test had a rational basis and may not be disturbed. (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176.) We have considered petitioner’s other contentions and find them to be meritless.

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur; Judge Titone taking no part.

Judgment affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.