Graffeo, J.
After petitioner was arrested for driving while intoxicated in the City of Albany, a hearing was conducted before an Administrative Law Judge (hereinafter ALJ) to determine whether petitioner's license should be suspended or revoked based on his alleged refusal to submit to a blood alcohol chemical test (see, Vehicle and Traffic Law § 1194 [2] [b]). At the conclusion of the hearing, the ALJ found that the State Trooper had made a lawful arrest...
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