PEOPLE v. HATHAWAY


245 A.D.2d 1066 (1997)

666 N.Y.S.2d 74

The People of the State of New York, Respondent, v. Larry E. Hathaway, Appellant

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

December 31, 1997


Judgment unanimously affirmed.

Memorandum:

Defendant failed to preserve for our review his contentions that Supreme Court erred in receiving evidence of his refusal to submit to a breathalyzer test (see, People v Peabody, 206 A.D.2d 754, 755) and that the evidence is insufficient to support the conviction of driving while intoxicated (see, People v Gray, 86 N.Y.2d 10

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