People v. Membrino

OPINION OF THE COURT

Joseph E. Gubbay, J.

The defendant is charged with violations of section 1192 (1) and (3) of the Vehicle and Traffic Law.

The defendant has moved to suppress his statement as the fruit of the poisonous tree insofar as defendant’s arrest was unlawful and because it was taken in the absence of Miranda warnings.

Defendant also moves to suppress his refusal to submit to a breathalyzer test as a product of the illegal arrest and because he was not properly warned of the consequences of such refusal.

The court makes the following findings based upon the credible evidence obtained…