PEOPLE v. ROYSTER


73 Misc.2d 89 (1973)

The People of the State of New York, Plaintiff, v. James Royster, Defendant.

City Court of Mount Vernon.

March 13, 1973


Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (John G. Falussy of counsel), for plaintiff. Gilberg & Gilberg (Michael Gilberg of counsel), for defendant.


IRVING B. KENDALL, J.

The defendant who is charged with driving while intoxicated and who submitted to a Breathalyzer examination which was taken on television tape at Mount Vernon police headquarters, has moved for discovery of the television tape which recorded certain co-ordination tests which were given him by the Mount Vernon Police Department.

The affidavit in support of the motion does not set forth any facts to show the materiality or...

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