People v. Cousar
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered June 16, 1994, convicting him of operating a motor vehicle while impaired in violation of Vehicle and Traffic Law § 1192 (1) and speeding in violation of Vehicle and Traffic Law § 1180 (b), upon a jury verdict, and making an unsafe lane change in violation of Vehicle and Traffic Law § 1128 (a) and consumption of alcohol in a motor vehicle in violation of Vehicle and Traffic Law § 1227 (1), after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing (Santagata, J.), of that branch of the defendant’s omnibus motion which was to suppress evidence of his refusal to submit to chemical testing of his breath.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contentions, the court did not err in denying suppression of evidence of his refusal to take a chemical test of his breath. At the hearing, the arresting of
We also find that the prosecutor did not make any improper reference in his opening statement to the defendant’s prior conviction of driving while intoxicated, nor did he elicit testimony to that effect during direct examination of the arresting officer. Sullivan, J. P., Pizzuto, Joy and Krausman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.