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COMMONWEALTH v. NEAL

392 Mass. 1 (1984)

464 N.E.2d 1356

COMMONWEALTH vs. DANIEL N. NEAL.

Supreme Judicial Court of Massachusetts, Barnstable.

May 21, 1984.

Attorney(s) appearing for the Case

Charles S. McLaughlin, Jr., for the defendant.

Joan E. Lynch, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

ABRAMS, J.

Convicted of operating a motor vehicle on a public way while under the influence of intoxicating liquor, G.L.c. 90, § 24 (1) (a), the defendant challenges the admission in evidence of the result of his breathalyzer test.1 The defendant argues that the Commonwealth's failure to preserve samples of his breath for subsequent retesting by his own expert, as well as the Commonwealth's nonpreservation of ampules used during...

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