People v. Smith

Stephen ¡Smyk, J.

The People appeal the April 24, 1974 order of the Village Court of Johnson City, New York, dismissing a simplified information charging the defendant with driving while intoxicated in violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law.

Prior to the commencement of the trial, the Assistant District Attorney made an offer of proof with respect to his intention *173to present evidence (pursuant to subdivision 2 of section 1194 of the Vehicle and Traffic Law) of the defendant’s refusal to take a blood test. That section reads, in pertinent part: “ If such person…