PEOPLE v. WILLIAMS

1605, 2976/07

68 A.D.3d 414 (2009)

2009 NY Slip Op 8875

891 N.Y.S.2d 17

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN WILLIAMS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 1, 2009.


The court properly admitted evidence that defendant refused to take a breathalyzer test (see People v Thomas, 46 N.Y.2d 100 [1978]). The evidence established that defendant did, in fact, refuse, in that he would not take the test unless the police complied with a precondition that was unacceptable under the circumstances. In any event, any error in admitting the evidence was harmless in...

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