PEOPLE v. DAVIS


8 Misc.3d 158 (2005)

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. YONY DAVIS, Defendant.

Supreme Court, Bronx County.

March 17, 2005.


Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Amy Weiswasser of counsel), for plaintiff.

Legal Aid Society, Bronx (Jodi Smith of counsel), for defendant.


OPINION OF THE COURT

ETHAN GREENBERG, J.

The People move to reargue this court's prior oral decision of February 4, 2005, granting defendant's motion to preclude evidence of his purported refusal to submit to a drunk driver "breathalyzer" test. The court hereby grants the motion to reargue. For the reasons detailed below, however, the court adheres to its original decision and therefore grants defendant's...

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