Defendant has moved for dismissal on constitutional grounds of the charge that he violated section 1193-a of the Vehicle and Traffic Law, refusal to take a breath screening test, by notice of motion and supporting affidavit of Charles T. Noce, dated May 15, 1981. The People responded by answering affirmation of Sharon M. Kehoe, Assistant District Attorney, dated May 28, 1981.
On May 10, 1981 at about 2:25 A.M. the defendant,...
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