PEOPLE v. McMAHON

2015-08908, Ind. No. 1439/13.

149 A.D.3d 1102 (2017)

2017 NY Slip Op 03195

53 N.Y.S.3d 655

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN F. McMAHON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 26, 2017.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the County Court, after a pretrial hearing, properly declined to suppress evidence of his refusal to submit to a chemical breath test. There was sufficient evidence before the hearing court to support the conclusion that the defendant was given clear and unequivocal warnings of the effect of his refusal, and that he persisted in his refusal to submit to the test (see Vehicle and...

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