People v. Odum

DiFIORE, Chief Judge (dissenting).

In this case we are once again called to interpret an enigmatic statute as to its precise parameters in obtaining evidence for criminal prosecutions of intoxicated motorists. Specifically, we are asked to pick up where this Court left off in People v. Atkins, 85 N.Y.2d 1007, 630 N.Y.S.2d 965, 654 N.E.2d 1213 [1995], and answer whether the two-hour rule in Vehicle and Traffic Law § 1194(2)(a), which governs the deemed consent scenario, nonetheless applies to the administration of refusal *1042warnings to a motorist who thereafter expressly consents to a breath test…