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PEOPLE v. HARVIN

2012KN018695

40 Misc.3d 921 (2013)

969 N.Y.S.2d 851

2013 NY Slip Op 23226

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DAVID HARVIN, Defendant.

Criminal Court of the City of New York, Kings County.

Decided July 11, 2013.

Attorney(s) appearing for the Case

Law Offices of Natali J.H. Todd, Brooklyn ( Natali J.H. Todd of counsel), for defendant. Charles J. Hynes , District Attorney, Brooklyn (Anna Tse of counsel), for plaintiff.

OPINION OF THE COURT

MATTHEW A. SCIARRINO, JR., J.

The People may use the defendant's refusal to take a blood alcohol content (BAC) test offered over two hours from arrest at the trial of the defendant, and the court's earlier decision is so modified.

The defendant, David Harvin, is charged with operating a motor vehicle while under the influence of alcohol or drugs (Vehicle and Traffic Law § 1192...

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