Language Defense on Refusal Must be made by Motion to Suppress

[3/18/10 – 10:18 am] In this morning’s Appellate Division decision captioned State v. Kim, the Court held that a challenge to a refusal charge made upon the basis of the defendant’s inability to understand the required warnings must be made by way of motion to suppress so that an adequate record can be developed and appropriate findings of fact and law can be made.

Download a copy of State v. Kim

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