People v. Ashley

OPINION OF THE COURT

Memorandum.

Judgment convicting defendant of refusal to submit to a breath test reversed on the law and as a matter of discretion in the interest of justice, sentence imposed thereunder vacated and accusatory instrument dismissed.

*82Judgments convicting defendant of driving while intoxicated, reckless driving and avoiding a traffic control device affirmed.

After a Huntley hearing, the People were precluded from introducing defendant’s statement to Police Officer Halpin that she “had a few drinks, so what” at trial. On appeal, defendant contends that it was error for the trial…