This is a motion to suppress evidence of defendant's refusal to take a breathalyzer test in a prosecution for section 1192 of the Vehicle and Traffic Law, driving while intoxicated. Determination of the motion depends on resolution of a question of apparent first impression, the effect of the 1980 amendment (L 1980, ch 807, eff Jan. 1, 1981) to subdivision 2 of section 1194 of the Vehicle and Traffic Law, and calls into question the...
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