People v. Villalta

OPINION OF THE COURT

Memorandum.

Ordered that the order, insofar as appealed from, is affirmed.

The People charged defendant with, among other things, “refusal to take a breath test” pursuant to Vehicle and Traffic Law § 1194 (1) (b), based on defendant’s refusal to submit to a roadside field test, via a portable breath test device, to determine whether defendant had consumed alcohol. Defendant moved, among other things, to dismiss, as jurisdictionally defective, the accusatory instrument, citing a series of cases of this court holding that the statute “does not make out a cognizable offense.”…