People v. Lizaldo

Judgment, Supreme Court, Bronx County (Seth L. Marvin, J, at suppression hearing; Barbara F. Newman, J, at jury trial and sentencing), rendered May 1, 2009, convicting defendant of driving while ability impaired, and imposing a fine of $500, unanimously affirmed.

The hearing court properly denied defendant’s motion to preclude evidence of his refusal to take a breathalyzer test. The record supports the court’s finding that defendant effectively refused the test by knowingly and wilfully failing to follow instructions (see People v Smith, 18 NY3d 544, 550 [2012]).

The court properly exercised…