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PEOPLE v. LIZALDO

36362C/08, 13907.

124 A.D.3d 432 (2015)

998 N.Y.S.2d 380

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO LIZALDO, Appellant.

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

Decided January 8, 2015.

The hearing court properly denied defendant's motion to preclude evidence of his refusal to take a breathalyzer test. The record supports the court's finding that defendant effectively refused the test by knowingly and wilfully failing to follow instructions (see People v Smith, 18 N.Y.3d 544, 550 [2012]).

The court properly exercised its discretion in declining to expand upon...

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