PEOPLE v. BROWN


160 A.D.2d 1037 (1990)

The People of the State of New York, Respondent, v. Randy W. Brown, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 5, 1990


Kane, J. P.

Defendant was involved in a minor automobile accident in the City of Elmira, Chemung County, in the presence of a police officer. He was thereafter stopped and questioned by the officer who, upon detecting the odor of alcohol on his breath, requested defendant to perform certain sobriety tests. Not being satisfied with the results of these tests, the officer requested defendant to take an alco-sensor test. Defendant refused to do so without...

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