People v. Camagos

OPINION OF THE COURT

Karen B. Yellen, J.

The defendant is charged with operating a motor vehicle while under the influence of alcohol in violation of Vehicle and Traffic Law § 1192 (3). He now moves to suppress evidence of his refusal to submit to a chemical test on the ground that the refusal was not obtained in accordance with Vehicle and Traffic Law § 1194.

A hearing was held on February 25, 1993 and the court makes the following findings of fact:

On November 5, 1992 at approximately 5:10 a.m., Officer Burke responded to a radio run of an automobile accident at Roosevelt Avenue and Queens…