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PEOPLE v. PEABODY

206 A.D.2d 754 (1994)

615 N.Y.S.2d 92

The People of the State of New York, Respondent, v. Michael A. Peabody, Appellant

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

July 28, 1994

Mercure, J. P.

We reject the contentions advanced by defendant and accordingly affirm County Court's judgment of conviction. Initially, we agree with County Court's determination of defendant's Huntley motion, suppressing only statements made by defendant after he invoked his right to counsel by declaring his refusal to submit to a breathalyzer test unless the Public Defender was present. In our view...

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