PEOPLE v. IPPOLITO


100 A.D.2d 734 (1984)

The People of the State of New York, Respondent, v. John Ippolito, Appellant

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

March 6, 1984


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment of conviction, after jury trial, of the felony of driving with more than .10% of alcohol in his blood (Vehicle and Traffic Law, § 1192, subds 2, 5) and of the traffic infraction of driving without headlights (Vehicle and Traffic Law, § 375, subd 2, par [a], cl 1). We affirm. ¶ The defendant's sole defense at trial was that the breathalyzer test result (.13%) was inaccurate...

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