People v. Burtula

OPINION OF THE COURT

Steven M. Jaeger, J.

Defendant has moved for an order “suppressing” use of evidence of defendant’s alleged refusal to submit to a chemical test pursuant to Vehicle and Traffic Law § 1194 or, alternatively, for a hearing on the admissibility of such evidence in this prosecution for driving while intoxicated under Vehicle and Traffic Law § 1192 (3)¿ an A misdemeanor, and other traffic infractions. Defendant asserts that he was not properly ad*598vised of the consequences of a refusal and that he did not persist in his refusal to be tested. The People oppose said relief on…