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PEOPLE v. CAMAGOS

160 Misc.2d 880 (1993)

611 N.Y.S.2d 426

The People of the State of New York, Plaintiff, v. Franklin Camagos, Also Known as Carlos Moreno, Defendant.

Criminal Court of the City of New York, Queens County.

March 24, 1993

Attorney(s) appearing for the Case

Legal Aid Society (Robert Baum and Melody Glover of counsel), for defendant. Richard A. Brown, District Attorney of Queens County (Paul Harvey of counsel), for plaintiff.

KAREN B. YELLEN, J.

The defendant is charged with operating a motor vehicle while under the influence of alcohol in violation of Vehicle and Traffic Law § 1192 (3). He now moves to suppress evidence of his refusal to submit to a chemical test on the ground that the refusal was not obtained in accordance with Vehicle and Traffic Law § 1194.

A hearing was held on February 25, 1993 and the court...

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