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THE PEOPLE, res-app, v. AVILES, def-res

570370/14. THE PEOPLE, res-app, v. AVILES, def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Harold Adler, J.), dated April 9, 2013, reversed, on the law, defendant's motion denied, accusatory instrument reinstated and matter remanded for further proceedings.

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570370/14. THE PEOPLE, res-app, v. AVILES, def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Harold Adler, J.), dated April 9, 2013, reversed, on the law, defendant’s motion denied, accusatory instrument reinstated and matter remanded for further proceedings.

We find unavailing defendant’s due process and equal protection challenges to the Police Department’s policy of administering both breathalyzer and physical coordination tests to English-speaking DWI suspects, while offering only the breathalyzer test to non-English speakers such as defendant. A similar constitutional challenge was rejected by the Appellate Division, First Department, after issuance of the order here under review (see People v. Salazar, 112 AD3d 5 [2013], lv denied 22 NY3d 1090 [2014] [policy determination as to whether or not to perform physical coordination tests was not based upon race, religion or national origin, but on a suspect's ability to speak and understand English, and was rationally related to ensuring the reliability of physical coordination tests for suspected DWI offenders]).

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