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PEOPLE v. MORALES

161 Misc.2d 128 (1994)

611 N.Y.S.2d 980

The People of the State of New York, Plaintiff, v. Angel Morales, Defendant.

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

April 21, 1994

Attorney(s) appearing for the Case

Kenneth Jaffe for defendant. Charles J. Hynes, District Attorney of Kings County (Gerald Allen of counsel), for plaintiff.

WILLIAM GARNETT, J.

If a defendant is asked to take a breathalyzer test more than two hours after his or her arrest and the defendant refuses, may the prosecution use the fact of that refusal as consciousness of guilt evidence pursuant to Vehicle and Traffic Law § 1194 (2) (f)?

At 10:20 P.M., on December 11, 1993, the defendant was arrested for driving while intoxicated. (Vehicle and Traffic Law...

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