PEOPLE v. THOMAS


46 N.Y.2d 100 (1978)

The People of the State of New York, Appellant, v. Herman Thomas, Respondent.

Court of Appeals of the State of New York.

Decided December 7, 1978.


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Alan D. Marrus of counsel), for appellant.

Bertrand J. Kahn and William E. Hellerstein for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER and COOKE concur with Judge JONES; Judge FUCHSBERG dissents and votes to affirm in a separate opinion.


JONES, J.

We uphold the constitutionality of subdivision 4 of section 1194 of the Vehicle and Traffic Law which provides that evidence of a defendant's refusal to submit to a chemical test to determine the alcoholic content of his blood shall be admissible in any trial based on a violation of section 1192 of the Vehicle and Traffic Law, provided he was given sufficient warning, in clear and unequivocal language...

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