PEOPLE v. HAMPTON


120 Misc.2d 757 (1983)

The People of the State of New York, Plaintiff, v. Bruce D. Hampton, Defendant.

City Court of Rochester.

August 16, 1983


Attorney(s) appearing for the Case

Stephen M. Brent for defendant. Donald O. Chesworth, District Attorney (Paul M. Whitbeck, Michael Mazzullo and Melvin Bressler of counsel), for plaintiff.


WILLIAM H. BRISTOL, J.

Do scientific procedures allow and does the United States Constitution require preservation of a deep-lung breath sample by police investigating an individual on charges of driving while intoxicated? These are the essential questions posed by defendant's application.

For the reasons explained hereinafter, this court holds that they do.

On October 29, 1982 Rochester Police Officer W. J. Bartel arrested Bruce D. Hampton...

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