People v. Rodriguez

Defendant stands indicted for resisting arrest and for operating a motor vehicle while intoxicated. Within the time prescribed by statute (Vehicle and Traffic Law, § 1194, subd. 1, pars. [1] and [2]), defendant was requested to take "a chemical test of his breath, blood, urine, or saliva for the purpose of determining the alcoholic or drug content of his blood”. He refused to do so. He now moves to preclude the District Attorney from offering evidence of such *1061refusal upon the trial, asserting that the final proviso of subdivision 2 of section 1194 which authorizes the receipt of such evidence…