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PEOPLE v. HOUGHLAND

79 Misc.2d 868 (1974)

The People of the State of New York, Plaintiff, v. Carol Houghland, Defendant.

District Court of Suffolk County, First District.

November 26, 1974

Attorney(s) appearing for the Case

H. Wenzel, District Attorney (Don Schlimbaum of counsel), for plaintiff. John Middlemiss and Karl Bonheim for defendant.

HOWARD BERLER, J.

The defendant was charged with driving while intoxicated pursuant to subdivision 3 of section 1192 of the Vehicle and Traffic Law of the State of New York. After the jury was chosen the defendant requested a separate hearing out of the ears of the jury for the purpose of determining whether a refusal to take a chemical analysis test by the defendant be admitted into evidence in the event it...

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