This is an appeal from an order of the Town of Tonawanda Justice Court entered on March 8, 1983 which precluded from use at trial the results of a certain breathalyzer test performed upon the defendant and further dismissed the charge of driving with more than .10% blood alcohol as charged under subdivision 2 of section 1192 of the Vehicle and Traffic Law.
On October 2, 1982 at approximately 11:30 P.M., the defendant was...
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