Opinion
April 14, 1993
Appeal from the Genesee County Court, Morton, J.
Present — Denman, P.J., Green, Balio, Fallon and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to defendant's contention that testimony concerning the performance of field sobriety tests was improperly admitted into evidence. The State Trooper had no obligation to inform defendant that he had a right to refuse (see generally, People v Hager, 69 N.Y.2d 141, 142; People v Hart, 191 A.D.2d 991). There is no statutory or other requirement for the establishment of rules regulating field sobriety tests (see, Vehicle and Traffic Law § 1194; People v Scott, 63 N.Y.2d 518).
We also reject defendant's contention that the court erred in permitting the redirect testimony of a State Trooper regarding the reason that he had not asked defendant to perform other sobriety tests. That testimony was properly allowed in light of the cross-examination of the Trooper. Further, the evidence of defendant's guilt was overwhelming and the error, if any, was harmless.