People v. Davis

*159OPINION OF THE COURT

Ethan Greenberg, J.

The People move to reargue this court’s prior oral decision of February 4, 2005, granting defendant’s motion to preclude evidence of his purported refusal to submit to a drunk driver “breathalyzer” test. The court hereby grants the motion to reargue. For the reasons detailed below, however, the court adheres to its original decision and therefore grants defendant’s motion to preclude.

In brief, preclusion is granted because the hearing evidence did not demonstrate that defendant intentionally refused to take a breathalyzer test for the presence of alcohol…