People v. Borzon

OPINION OF THE COURT

Richard Lee Price, J.

I. Background and Procedural Posture

Defendant is charged with four counts of operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [3] [as an E felony, a D felony, and a misdemeanor]; Vehicle and Traffic Law § 1192 [1]). By decision and order dated November 14, 2014, this court, finding that the refusal warnings administered to the defendant were not clear and unequivocal, suppressed “defendant’s subsequent refusal, all related statements, the IDTU videotape, and any corresponding evidence or testimony.”*

By…