Criminal Court of the City of New York October 8, 1981 (People v. Philbert)

OPINION OF THE COURT

Kristin B. Glen, J.

This is a motion to suppress evidence of defendant’s refusal to take a breathalyzer test in a prosecution for section 1192 of the Vehicle and Traffic Law, driving while intoxicated. Determination of the motion depends on resolution of a question of apparent first impression, the effect of the 1980 amendment (L 1980, ch 807, eff Jan.