It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of driving while intoxicated (DWI) as a class E felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [i]) and failure to keep right (§ 1120 [a]). Supreme Court did not err in denying the motion to suppress evidence of defendant's refusal to submit to...
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