People v. Daniger
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Appeal from a judgment of the County Court of Saratoga County *847(Eidens, J.), rendered August 29, 1995, convicting defendant upon his plea of guilty of the crime of operating a motor vehicle while under the influence of alcohol.
Following County Court’s summary denial of his motion for a hearing on the issue of probable cause for his arrest and the suppression of evidence of his refusal to submit to a chemical test, defendant entered a plea of guilty to the crime of operating a motor vehicle while under the influence of alcohol, as a felony (Vehicle and Traffic Law § 1192 [3]). He was thereafter…
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