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PEOPLE v. McDONOUGH

132 A.D.2d 997 (1987)

The People of the State of New York, Respondent, v. Michael McDonough, Appellant

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

July 10, 1987

Judgment unanimously affirmed.

Memorandum:

We reject defendant's claim that the Department of Health lacked the authority to define the method of measuring weight of alcohol in blood pursuant to Vehicle and Traffic Law § 1194 (9). Defendant's construction of that provision would render subdivision (2) of Vehicle and Traffic Law § 1192 of no effect. We cannot conclude that the Legislature intended such result (see, McKinney's Cons Laws of NY...

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