MATTER OF JOHNSON v. ADDUCI


198 A.D.2d 352 (1993)

603 N.Y.S.2d 332

In the Matter of Christopher R. Johnson, Petitioner, v. Patricia B. Adduci, as Commissioner of Motor Vehicles of the State of New York, Respondent

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

November 15, 1993


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The record contains substantial evidence to support the Commissioner's determination that the petitioner refused to submit to a breathalyzer test within the meaning of Vehicle and Traffic Law § 1194. At the time of the petitioner's arrest for driving while intoxicated, a police officer sought to administer a breath test to him for intoxication, which he agreed...

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