Appellate Division of the Supreme Court of the State of New York September 27, 2011 (People v. Ayala)

The court properly denied defendant’s motion to suppress breathalyzer test results. The two-hour limitation contained in Vehicle and Traffic Law § 1194 (2) (a) applies only to deemed consent and does not apply where, as here, a defendant expressly and voluntarily consents to the test (People v Atkins, 85 NY2d 1007 [1995]).