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PEOPLE v. SHEPHERD

130 Misc.2d 284 (1985)

The People of the State of New York, Appellant, v. David C. Shepherd, Respondent.

County Court, Monroe County.

November 13, 1985

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney (Joan A. Psaila of counsel), for appellant. Brent & Drexler (Stephen M. Brent of counsel), for respondent.

ANDREW G. CELLI, J.

This is an appeal by the District Attorney of Monroe County from an order of the Brighton Town Court suppressing the results of a breathalyzer test on the ground that the police failed to preserve the sample of the defendant's breath taken as a part of the breathalyzer test. The People assert two grounds for error: 1. That preservation is not required under the holding of California v Trombetta (467 U.S. 479<...

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