People v. Niedzwiecki

In People v. Niedzwiecki (127 Misc.2d 919 [Crim. Ct., Queens Cty. 1985]), the court found that the defendant's native language of Polish prevented his fully understanding the refusal warnings which were given to him in English. Therefore, the question of whether the warnings were clear and unequivocal was decided on the defendant's understanding them, not on the objective standard of whether the police officer read the warnings verbatim from the statute. Based on his inability to understand the warnings, the court held the refusal evidence inadmissible.