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PEOPLE v. AYALA

5569, 66395C/06.

87 A.D.3d 926 (2011)

929 N.Y.S.2d 852

011 NY Slip Op 6585

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARGARITA AYALA, Appellant.

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

Decided September 27, 2011.

The court properly denied defendant's motion to suppress breathalyzer test results. The two-hour limitation contained in Vehicle and Traffic Law § 1194 (2) (a) applies only to deemed consent and does not apply where, as here, a defendant expressly and voluntarily consents to the test (People v Atkins, 85 N.Y.2d 1007 [1995]). Defendant's challenge to the voluntariness of her consent is unpreserved and without merit.

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