Appellate Division of the Supreme Court of the State of New York August 6, 1979 (People v. Boone)

—Appeal by defendant from a judgment of the County Court, Westchester County, rendered June 9, 1977, convicting him of operating a motor vehicle while in an intoxicated condition, as a felony, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of defendant’s motion to suppress his alleged refusal to submit to a chemical test.