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MATTER OF WARREN v. MELTON

59 A.D.2d 963 (1977)

In the Matter of Robert J. Warren, Petitioner, v. James P. Melton, as Commissioner of Motor Vehicles, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 3, 1977

On June 30, 1974, petitioner was arrested for driving while intoxicated, and the sole question presented for our review is whether or not the commissioner's subsequent revocation of his driver's license was proper. We hold that it was. It is conceded that, following his arrest, petitioner twice refused to take a breathalyzer test after having previously been warned by the police, in accordance with section 1194 of the Vehicle and...

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