Ordered that the appeal from the order dated July 28, 2003, is dismissed, as no appeal lies therefrom (see CPL 450.10); and it is further,
Ordered that the judgment is affirmed.
The denial of that branch of the defendant's omnibus motion which was for a pretrial hearing to determine the admissibility of evidence of his refusal to take a breathalyzer test is brought up for review and has been considered on the appeal from the judgment.
The defendant...
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