People v. Boone

—Appeal by defendant from a judgment of the County Court, Westchester County, rendered June 9, 1977, convicting him of operating a motor vehicle while in an intoxicated condition, as a felony, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of defendant’s motion to suppress his alleged refusal to submit to a chemical test. Judgment reversed, on the law, motion granted, and new trial ordered. Shortly after his involvement in a motor vehicle accident on the evening of October 30, 1975 defendant was arrested and brought to White Plains…