People v. Schwartz

OPINION OF THE COURT

Donald J. Mark, J.

*826This is an application by the People, pursuant to People v Ventimiglia (52 NY2d 350) and People v Molineux (168 NY 264), for permission to present testimony that the defendant, who is charged with operating a motor vehicle while under the influence of alcohol in violation of section 1192 (3) of the Vehicle and Traffic Law, had been previously convicted of the same crime in violation of subdivision (2).

The application of the prosecutor claimed that the defendant had refused to submit to a chemical test when asked to do so by the arresting officer; that the…