PEOPLE v. D'ANGELO


244 A.D.2d 788 (1997)

665 N.Y.S.2d 713

The People of the State of New York, Respondent, v. Thomas J. D'Angelo, Appellant

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

November 26, 1997


White, J.

Defendant challenges his felony conviction of the crime of driving while intoxicated on the ground that the verdict was against the weight of the evidence and that County Court erred in denying his request to suppress evidence of his refusal to take a breathalyzer test. For the reasons that follow, we reject defendant's arguments and affirm.

Under Vehicle and Traffic Law § 1194 (2) (f), a defendant's refusal to submit to a chemical...

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