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PEOPLE v. FADALE

Appellate Division of the Supreme Court of New York, Fourth Department.
Feb 28, 1983

Judgment unanimously affirmed. Memorandum: The breathalyzer test was properly admitted into evidence (see People v. Farrell, 58 N.Y.2d 637), and defendant's guilt for driving while he had .10% or more by weight of alcohol in his blood as shown by chemical analysis of his breath (Vehicle and Traffic Law, ยง 1192, subds 2, 5) was established by legally sufficient evidence. The unresponsive answer to a single question propounded to the defendant by the officer did not constitute a process of interrogation that falls within the ambit of Miranda v. Arizona ( 384 U.S. 436; see People v. Huffman, 41 N.Y.2d 29).