PEOPLE v. SANTIAGO


116 Misc.2d 340 (1982)

The People of the State of New York, Plaintiff, v. Edward Santiago, Defendant.

Supreme Court, Trial Term, New York County.

October 19, 1982


Attorney(s) appearing for the Case

Martin B. Adelman for defendant. Robert M. Morgenthau, District Attorney (Barbara Gertel of counsel), for plaintiff.


IRVING LANG, J.

Defendant's motion to suppress the results of a breathalyzer test revives the issue of whether the failure to preserve the original test ampoule for reanalysis of blood alcohol content constitutes a violation of due process and of the right to a fair trial. The question has already resulted in conflicting lower court decisions in this State and indeed, conflicting rulings by appellate courts of many States. With some variations, the inconsistent...

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