Appellate Division of the Supreme Court of the State of New York October 17, 2012 (People v. Williams)

*956The defendant correctly contends that the hearing court erred in denying his motion to suppress evidence of his refusal to take a breathalyzer test, as the officer administering the test did not advise the defendant that his refusal could be used against him at a trial, proceeding, or hearing resulting from the arrest (see Vehicle and Traffic Law § 1194 [2] [f]; People v Guzman, 247 AD2d 552,