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PEOPLE v. JOHNSON

134 Misc.2d 474 (1987)

The People of the State of New York, Plaintiff, v. Wiley Johnson, Jr., Defendant.

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

January 15, 1987

Attorney(s) appearing for the Case

Caesar Cirigliano and Mark J. Clark for defendant. John J. Santucci, District Attorney (Jerry A. Montag of counsel), for plaintiff.

ROBERT T. JOHNSON, J.

The defendant, Wiley Johnson, Jr., is charged with violating Vehicle and Traffic Law § 1192 (2) and (3) (operating a motor vehicle under the influence of alcohol) and Vehicle and Traffic Law § 1163 (a) (making an improper turn). He now moves to suppress a breathalyzer test result, or, in the alternative, for a hearing to determine the admissibility of such result.

The...

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