MATTER OF JASON v. MELTON


60 A.D.2d 707 (1977)

In the Matter of Joseph Jason, 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.

December 22, 1977


Petitioner was arrested on April 27, 1975 for driving while intoxicated and it is conceded that he thereafter refused to consent to a chemical test to determine the alcoholic content of his blood. The issue is whether he was first adequately warned of the consequences such a refusal might entail (see Vehicle and Traffic Law, § 1194, subd 2). The referee found, and this finding too is not disputed, that the arresting officer had informed petitioner "if you refuse to submit...

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