NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 1, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
KEVIN WILLIAMS, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (William A. Wetzel, J.), entered February 4, 2008, convicting defendant, after a jury trial, of operating a motor vehicle while under the influence of alcohol, and sentencing him to a term of 1 to 3 years, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Sweeny, Catterson, Freedman, Roman, JJ.
The court properly admitted evidence that defendant refused to take a breathalyzer test (see People v Thomas, 46 NY2d 100 ). The evidence established that defendant did, in fact, refuse, in that he would not take the test unless the police complied with a precondition that was unacceptable under the circumstances. In any event, any error in admitting the evidence was harmless in view of the overwhelming evidence of intoxication, independent of the refusal (see People v Crimmins, 36 NY2d 230 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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