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PEOPLE v. HOCHHEIMER

119 Misc.2d 344 (1983)

The People of the State of New York, Plaintiff, v. Richard Hochheimer, Defendant.

Supreme Court, Monroe County.

May 23, 1983

Attorney(s) appearing for the Case

Crimi & Crimi (Charles F. Crimi of counsel), for defendant. Donald O. Chesworth, Jr., District Attorney (Michael Garner of counsel), for plaintiff. Michael T. DiPrima, David A. Murante, Norman A. Palmiere and Dominic Pellegrino for Criminal Defense League, amicus curiae.

DAVID O. BOEHM, J.

The defendant moves to suppress the results of a breath test on a number of grounds. The principal contention raised is that the breathalyzer model used in this case (i.e., Smith and Wesson breathalyzer model 900A) is unreliable. This contention is based on the recent discovery that the instrument is susceptible to radio frequency interference. In addition, the defendant argues that the...

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