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PEOPLE v. DEPONCEAU

275 A.D.2d 994 (2000)

715 N.Y.S.2d 197

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR DEPONCEAU, Appellant.

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

Decided September 29, 2000.

Judgment unanimously affirmed.

Memorandum:

Defendant, who had been arrested for driving while intoxicated, had the right to consult with his attorney before deciding whether to consent to a blood test (see, People v Shaw, 72 N.Y.2d 1032, 1033-1034; see also, People v Isaac, 224 A.D.2d 993, 994, lv denied 88 N.Y.2d 937). However, there is no "absolute right to refuse...

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