People v. Ward

OPINION OF THE COURT

Stephen Rooney, J.

Defendant is charged with operating a motor vehicle while *399under the influence of alcohol as a felony in violation of Vehicle and Traffic Law § 1192 (3). The defense contends the police had no basis for the initial stop of the defendant, that defendant’s Fourth Amendment rights were therefore violated, and that all evidence obtained thereafter is suppressible as fruit of the illegal stop. Defendant also argues that his refusal to submit to a chemical test was obtained more than two hours after his arrest and therefore is inadmissible pursuant to Vehicle…