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PEOPLE v. HICKS

134 Misc.2d 594 (1987)

The People of the State of New York, Plaintiff, v. Walter A. Hicks, Jr., Defendant.

Justice Court of Town of Perinton, Monroe County.

January 20, 1987

Attorney(s) appearing for the Case

Woods, Oviatt, Gilman, Sturman & Clarke (Marie A. Ducie of counsel), for defendant. Howard R. Relin, District Attorney (Mary A. Gehl and Richard Dever of counsel), for plaintiff.

RONALD J. BUTTARAZZI, J.

Defendant, Walter A. Hicks, Jr., was issued a simplified traffic information in Perinton, New York, on September 1, 1986 for driving with ".10% or more of alcohol in the blood" in violation of Vehicle and Traffic Law § 1192 (2). The supporting deposition stated: "A breathalyzer test showed a .21% Blood Alcohol Content". Defendant's investigation revealed that the test of the simulator...

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