People v. Rosado

In People v. Rosado, 158 Misc 2d 50, 600 NYS2d 624 (Crim.Ct. Bronx Co.1993), the court explicitly stated: "If, after first having been requested to submit to the test (whether with or without warnings), refusing, and then having been given the warnings, the driver still refuses, the person persisted in the refusal' and proof of the refusal may be admitted in evidence in court, provided the warnings have been delivered in clear and unequivocal language.' VTL 1194 (2)(f)." While holding that the chemical test must be offered to a defendant at least twice before a refusal will be persistent, the court did not hold, as suggested by the Defendant, that the first offer must be made prior to the warnings having been read. To the contrary, the court recognized that the initial offer may be made "with or without warnings."