Court of Appeals of New York

On appeal of a conviction of driving while ability impaired, the order of the Appellate Division affirming the conviction is reversed and a new trial ordered, where: 1) evidence that the defendant purportedly refused to take a chemical breath test should not have been admitted, since the defendant was not adequately warned that his conduct would constitute a refusal; and 2) the error was not harmless.

Appellate Information

• Decided 02/16/2012
• Published 02/16/2012

Judges

• Graffeo

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Kathleen V. Wells, Itamar J. Yeger