People v. Kearney

OPINION OF THE COURT

Frank J. LaBuda, J.

The defendant, John Kearney, is indicted and awaiting trial *336for (1) driving while intoxicated (felony), and (2) operating a motor vehicle without turn signal marker lights.

The prosecution alleges the defendant has a previous conviction of driving while intoxicated, a violation of Vehicle and Traffic Law § 1192 (3).

The issue before the court, brought by the defendant on a motion in limine prior to jury selection, is whether or not evidence of the defendant’s refusal to submit to a breathalyzer test, having been previously adjudicated at a motor vehicle…