Does a defendant need to be given a Miranda warning before consenting to the administration of a chemical test?

"New York", United States of America

The following excerpt is from People v. Dillin, 150 Misc.2d 311, 567 N.Y.S.2d 991 (N.Y. City Ct. 1991):

Accordingly, by consenting to the administration of a chemical test, whether or not he has been advised of the consequences of a refusal, a defendant is not being compelled to incriminate himself in violation of the constitutional privilege against self-incrimination. Therefore, "Miranda" warnings need not be given prior to his consenting to the administration of the test. See, People v. Craft, 28 N.Y.2d 274, 321 N.Y.S.2d 566, 270 N.E.2d 297 (1971); People v. Hochheimer, 119 Misc.2d 344, 352-354, 463 N.Y.S.2d 704 (Sup.Ct.Monroe Co.1983);

Page 993

B. Defendant's Coercion Claim:

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