People v. Monahan

—Appeal by the defendant from a judgment of the Supreme Court, Suffolk *627County (Copertino, J.), rendered September 7, 1999, convicting him of operating a motor vehicle under the influence of alcohol as a felony, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

“It is well settled that a defendant who has been arrested for driving while intoxicated, but not yet formally charged in court, generally has the right to consult with a lawyer before deciding whether to consent to a [breathalyzer] test, if he [or she] requests the assistance of counsel and no danger of…