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PEOPLE v. RODRIGUEZ

14803C-09

26 Misc.3d 238 (2009)

891 N.Y.S.2d 246

2009 NY Slip Op 29439

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LESTER RODRIGUEZ, Defendant.

Supreme Court, Bronx County.

Decided October 29, 2009.

Attorney(s) appearing for the Case

Lichtenstein & Schindel (Sande Lichtenstein of counsel), for defendant.

Robert T. Johnson, District Attorney (Michael Fraggetta of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD LEE PRICE, J.

The defendant is charged with three counts of operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [1], [3]), and one count of reckless driving (Vehicle and Traffic Law § 1212). Defendant moves to suppress any evidence or testimony at trial concerning his alleged refusal to submit to a chemical breath analysis...

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