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PEOPLE v. BATISTA

128 Misc.2d 1054 (1985)

The People of the State of New York, Plaintiff, v. Nilda Batista, Defendant.

Criminal Court of the City of New York, New York County.

July 3, 1985

Attorney(s) appearing for the Case

Suzanne Sherbell for defendant. Robert M. Morgenthau, District Attorney (Margaret Giugliano of counsel), for plaintiff.

BONNIE WITTNER, J.

On September 7, 1984 the defendant, Nilda Batista, was arrested and charged with a variety of Vehicle and Traffic Law offenses, including Vehicle and Traffic Law § 1192 (2), driving while intoxicated. The defendant now moves for an order suppressing the results of the breathalyzer examination pursuant to CPL 710.20 (5) and Vehicle and Traffic Law § 1194 (8).

A review of the moving papers and court records reveals the...

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