People v. Wassen

OPINION OF THE COURT

Charles J. Heffernan, Jr., J.

On its facts, this is a case of first impression. Defendant *663stands charged with driving while intoxicated (Vehicle and Traffic Law § 1192 [2]) and related charges based upon his operation of an automobile in New York County in the early morning hours of December 20, 1989. The People seek to introduce at trial evidence that defendant refused to submit to a breathalyzer test.

Defendant has moved, for the third time, to suppress evidence of this refusal.1 Each motion was based on the ground of denied access to counsel. Notwithstanding the denials…