People v. Houghland

Howard Berler, j.

The defendant was charged with driving while intoxicated pursuant to subdivision 3 of section 1192 of *869the Vehicle and Traffic Law of the State of New York. After the jury was chosen the defendant requested a separate hearing out of the ears of the jury for the purpose of determining whether a refusal to take a chemical analysis test by the defendant be admitted into evidence in the event it was the People’s intentions to offer such refusal. After the People admitted it was their intention to introduce the refusal and some contemplation by the court the application for a…