People v. Philbert

OPINION OF THE COURT

Kristin B. Glen, J.

This is a motion to suppress evidence of defendant’s refusal to take a breathalyzer test in a prosecution for section 1192 of the Vehicle and Traffic Law, driving while intoxicated. Determination of the motion depends on resolution of a question of apparent first impression, the effect of the 1980 amendment (L 1980, ch 807, eff Jan. 1,1981) to subdivision 2 of section 1194 of the Vehicle and Traffic Law, and calls into question the standard printed warnings now presently employed by the New York City Police Department and other law enforcement agencies.

Br…