Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
On the instant appeal, the defendant argues that the trial court should have suppressed evidence of his refusal to submit to a breathalyzer test because at the time he was asked to take that test he was deprived of his right to counsel. The defendant did not have a constitutional right to counsel before taking a...
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