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PEOPLE v. VILLALTA

2015-1424 NCR.

56 Misc.3d 59 (2017)

57 N.Y.S.3d 335

2017 NY Slip Op 27188

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RENE VILLALTA, Respondent.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided May 23, 2017.

Attorney(s) appearing for the Case

Madeline Singas , District Attorney, Mineola ( Yael V. Levy and Tammy J. Smiley of counsel), for appellant.

Kent V. Moston , Legal Aid Society of Nassau County, Hempstead ( Dori Cohen and Jeremy L. Goldberg of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is affirmed.

The People charged defendant with, among other things, "refusal to take a breath test" pursuant to Vehicle and Traffic Law § 1194 (1) (b), based on defendant's refusal to submit to a roadside field test, via a portable breath test device, to determine whether defendant had consumed alcohol. Defendant moved, among other things, to dismiss, as jurisdictionally...

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