People v. McGovern

OPINION OF THE COURT

Michael S. Alongé, J.

The defendant is charged with a violation of Vehicle and *160Traffic Law § 1192 (3), common-law driving while intoxicated. The case came on for a variety of hearings both as to the admissibility of certain statements and probable cause for the traffic stop, and most significantly, on a motion made by defense counsel during the hearings to redact part of the videotape showing the defendant refusing to take the breathalyzer test. Defense counsel specifically objects to that part of the videotape showing his client refusing to take the test based on the…