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PEOPLE v. SIRICO

2012-03683

135 A.D.3d 19 (2015)

18 N.Y.S.3d 430

2015 NY Slip Op 07862

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLEN SIRICO, Appellant.

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

Decided October 28, 2015.

Attorney(s) appearing for the Case

Richard L. Herzfeld , New York City, for appellant.

Thomas J. Spota , District Attorney, Riverhead ( Edward A. Bannan of counsel), for respondent.

BALKIN, J.P., HINDS-RADIX and LASALLE, JJ., concur.

OPINION OF THE COURT

The main issue on this appeal is whether, following a plea of guilty, the defendant forfeited his claim that the County Court erred in determining that the People could introduce evidence at trial that he refused a chemical test pursuant to Vehicle and Traffic Law § 1194 (2) (f). For the reasons...

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