PEOPLE v. FARRELL


58 N.Y.2d 637 (1982)

The People of the State of New York, Respondent, v. Robert J. Farrell, Appellant.

Court of Appeals of the State of New York.

Decided November 16, 1982.


Attorney(s) appearing for the Case

Richard I. Mulvey for appellant.

Benjamin J. Bucko, District Attorney (Stephen M. Bowman of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

In the circumstances of this case, the trial court properly denied defendant's motion for inspection of the test ampoule used in administering the breathalyzer test given to defendant or alternatively to dismiss the indictment for driving while having .10 of one per centum or more by weight of alcohol in his blood and driving while ability impaired...

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