What is the Defendant's claim that he was advised of the consequences of refusing to submit to a chemical test of his blood more than two hours after his arrest?

"New York", United States of America

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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