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PEOPLE v. POMPILIO

137 Misc.2d 997 (1987)

The People of the State of New York, Plaintiff, v. Robert Pompilio, Defendant. The People of the State of New York, Plaintiff, v. Mark Van Kleeck, Defendant. The People of the State of New York, Plaintiff, v. Michael Gray, Defendant. The People of the State of New York, Plaintiff, v. Michael Nunemaker, Defendant.

Justice Court of Town of Cornwall, Orange County.

September 30, 1987

Attorney(s) appearing for the Case

Peter X. Neuman for defendants. Francis D. Phillips, II, District Attorney (Marc Wohl of counsel), for plaintiff.

JOHN K. McGUIRK, J.

The above-named defendants were charged in separate incidents with a violation of Vehicle and Traffic Law § 1192 (2) during December 1986 as the result of a breathalyzer test administered to each of them. Each of the defendants moves to suppress the breathalyzer instrument test results because the last time the breathalyzer instrument was calibrated prior to their arrests was on February...

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