Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).
The defendant's contention that the results of a breathalyzer test should have been suppressed is without merit. Vehicle and Traffic Law § 1194 provides, inter alia, that any person who operates a motor vehicle in this state shall be deemed to have given consent to certain tests, including breath tests, for...
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