People v. O'Rama

Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered May 15, 1989, convicting him of operating a motor vehicle while under the influence of alcohol as a felony, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

On the instant appeal, the defendant argues that the trial court should have suppressed evidence of his refusal to submit to a breathalyzer test because at the time he was asked to take that…