PEOPLE v. DRUMM


122 Misc.2d 1051 (1984)

The People of the State of New York, Plaintiff, v. Donald K. Drumm, Defendant.

County Court, Monroe County.

February 3, 1984


Attorney(s) appearing for the Case

Merkel, Passero, Byrnes & Kohler (Donald A. Kohler of counsel), for defendant. Howard R. Relin, District Attorney (Daniel I. Labowitz of counsel), for plaintiff.


RAYMOND E. CORNELIUS, J.

The defendant has made a motion, pursuant to CPL 330.30 (subd 1), to set aside a jury verdict convicting him of violations of subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law, as felonies. This motion is primarily addressed to the court's decision, during trial, to admit the results of a breath test, administered on a CMI intoxilyzer model 4011AS, and which showed the presence of .20 of one per centum of alcohol...

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