The following excerpt is from People v. Rozenel, 137 N.Y.S.3d 681 (Table), 70 Misc.3d 1214 (A) (N.Y. City Ct. 2021):
The Defendant further argues that he did not "voluntarily consent" (Epstein Affirmation, 9/25/2020, 27) to submit to a blood test. Relying on People v. Odum , 31 NY3d 344, 78 N.Y.S.3d 252 (2018), the Defendant argues he was advised of the consequences of refusing to submit to a chemical test of his blood more than two hours after his arrest, thus being provided with "misleading and false information in a deliberate effort to coerce him into giving a blood sample." (Epstein Affirmation, 9/25/2020, 25) The Defendant further alleges that he was told that if he did not submit to the requested blood test, he would be charged with a felony.
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