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PEOPLE v. FRIEL

2003-08416, 2006-03440.

2008 NY Slip Op 06461

THE PEOPLE, ETC., respondent, v. WILLIAM FRIEL, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 29, 2008.

Attorney(s) appearing for the Case

Mark Diamond, New York, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Jason P. Weinstein of counsel), for respondent.

Before: ROBERT A. LIFSON, J.P., HOWARD MILLER, MARK C. DILLON, RANDALL T. ENG, JJ.

DECISION & ORDER

ORDERED that the appeal from the order dated July 28, 2003, is dismissed, as no appeal lies therefrom (see CPL 450.10); and it is further,

ORDERED that the judgment is affirmed.

The denial of that branch of the defendant's omnibus motion which was for a pretrial hearing to determine the admissibility of evidence of his refusal to take a breathalyzer test is brought up for review and has been considered on the appeal from...

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