Defendant appeals a judgment of the Town of Phelps Justice Court convicting him of violating Vehicle and Traffic Law § 1120 (a) (failure to keep right) and § 1192 (3) (driving while intoxicated). Defendant further appeals the decision of the same court denying after hearing the suppression of the results of a breathalyzer test. The principal point advanced by defendant is that prior to taking the test he was denied...
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