PEOPLE v. BURNET


24 Misc.3d 292 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LEVI BURNET, Defendant.

Supreme Court, Bronx County.

Decided March 3, 2009.


Attorney(s) appearing for the Case

Bronx Defenders, Bronx (Kathryn Miller and Adeola Ogunkeyede of counsel), for defendant.

Robert T. Johnson, District Attorney, Bronx (Orville Reynolds and Jessica Groppe of counsel), for plaintiff.


OPINION OF THE COURT

RICHARD LEE PRICE, J.

The defendant is charged with operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [1], [3]) and unlicensed operation of a motor vehicle (Vehicle and Traffic Law § 509 [1]) and moves to suppress any evidence or testimony concerning his alleged refusal to submit to a chemical breath analysis at trial, claiming: (1) that he was not provided with a clear and unequivocal...

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