The issue presented in this case is how may service of a subpoena duces tecum be made in a criminal case upon the New York State Division of State Police to obtain production of records concerning a breathalyzer, a seeming simple question.
The applicant, Gary Bott, was indicted for a felony charge of operating a motor vehicle while under the influence of alcohol or drugs in violation of subdivisions 2 (test section) and 3...
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