Defendant is charged with a violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law of the State of New York, in that he was operating a motor vehicle while having .18 of 1% of alcohol in his blood.
Defendant has moved, pursuant to CPL article 710, for suppression of the breathalyzer results, on constitutional grounds, contending his consent to the test was not freely given, and may not be "deemed" given pursuant...
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