People v. Cragg

OPINION OF THE COURT

Memorandum.

The order of the County Court should be affirmed.

Defendant contends that the police violated Vehicle and Traffic Law § 1194 (2) by administering a breathalyzer test despite defendant’s initial refusal to submit to the test, and by informing him of certain consequences — not specifically prescribed by the statute — of such refusal. This contention is without merit. Where a person suspected of driving while intoxicated has been placed under arrest, the statute permits the arresting officer to request that the person submit to a breathalyzer test. The statute…