People v. Brito

OPINION OF THE COURT

Richard Lee Price, J.

The defendant is charged with two counts of operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [3], [1]). A pretrial hearing was conducted in this case before Supreme Court Justice George Villegas on August 3, 2009, after which he determined that defendant’s arrest was based upon sufficient probable cause, that the property recovered from inside his vehicle was proper, that any statements made by him were lawfully obtained, and that evidence of his refusal to submit to a chemical test is admissible at trial.…