People v. Ashley

Tanenbaum, J.,

concurring in part and dissenting in part and voting to reverse the judgment convicting defendant of driving while intoxicated and order a new trial with respect to said charge: Although concurring with the majority opinion in affirming the judgments convicting defendant of reckless driving and avoiding a traffic control device, and reversing the judgment convicting defendant of refusal to submit to a breath test, a dissent is required with respect to that portion of the opinion affirming the judgment convicting defendant of driving while intoxicated. The court below erred in…