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PEOPLE v. LITAROV

188 Misc.2d 234 (2001)

727 N.Y.S.2d 293

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ANDREY LITAROV, Defendant.

Criminal Court, Queens County.

May 30, 2001.

Attorney(s) appearing for the Case

Talkin & Muccigrosso, New York City (Sanford Talkin of counsel), for defendant.

Richard A. Brown, District Attorney of Queens County (Suzanne Middleton and Michael Wiesenfeld of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES J. MARKEY, J.

The defendant Andrey Litarov, by a misdemeanor information dated July 25, 2000, is accused of operating a motor vehicle while under the influence of alcohol in violation of Vehicle and Traffic Law § 1192 (3).

The defendant moved to suppress his refusal to take a breathalyzer test. (See, Vehicle and Traffic Law § 1194.) A Judicial Hearing Officer (J.H.O.) of this Court, Honorable Joseph Cerbone...

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