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MATTER OF MILLER v. TOFANY

88 Misc.2d 247 (1975)

In the Matter of Floyd T. Miller, Jr., Petitioner, v. Vincent L. Tofany, as Commissioner of the Department of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Special Term, Broome County.

November 25, 1975

Attorney(s) appearing for the Case

Conte & Helisek (Kenneth P. Helisek of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Bernard Burdick of counsel), for respondent.

RICHARD F. KUHNEN, J.

On March 8, 1975 petitioner Floyd T. Miller, Jr. was arrested and charged with driving while intoxicated in violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law. At the time of his arrest petitioner refused to submit to a chemical breath test as required by subdivision 1 of section 1194 of the Vehicle and Traffic Law. Upon arraignment on the charge of driving while...

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