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PEOPLE v. ALVAREZ

70 N.Y.2d 375 (1987)

The People of the State of New York, Respondent, v. Francisco Alvarez, Paul Clancy, Thomas Jackson and Nelson Otero, Appellants.

Court of Appeals of the State of New York.

Decided November 12, 1987.

Attorney(s) appearing for the Case

Richard N. Allman and Philip L. Weinstein for appellants.

Robert M. Morgenthau, District Attorney (Donna Krone and Norman Barclay of counsel), for respondent.

Stephen M. Brent for the New York State Defenders Association, amicus curiae.

Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and Joseph Koczaja of counsel), for Division of State Police, amicus curiae.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Chief Judge WACHTLER.

Defendants in these cases were arrested for drunk driving offenses in separate and unrelated incidents. In each case the police took a single breath sample using a Smith & Wesson Model 900A Breathalyzer machine, and the test indicated a blood alcohol content in excess of the legal limit (see, Vehicle and Traffic Law § 1192 [1], [2]; § 1195 [2]). Defendants then moved...

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