Ordered that the judgment is affirmed.
The defendant's contention that the results of a breathalyzer test should have been suppressed is without merit, as, in the absence of his express refusal to submit to such testing, the police were entitled to rely upon the implied consent provision of Vehicle and Traffic Law § 1194 (2) (a) (1) to obtain a test of the defendant's breath to determine his blood alcohol content (see People v Kates,
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