PEOPLE v. FADALE


92 A.D.2d 723 (1983)

The People of the State of New York, Respondent, v. Jack C. Fadale, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 28, 1983


Judgment unanimously affirmed.

Memorandum:

The breathalyzer test was properly admitted into evidence (see People v Farrell, 58 N.Y.2d 637), and defendant's guilt for driving while he had .10% or more by weight of alcohol in his blood as shown by chemical analysis of his breath (Vehicle and Traffic Law, § 1192, subds 2, 5) was established by legally sufficient evidence. The unresponsive answer to a single question...

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