The defendant was arraigned and charged with two counts of driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]), unclassified misdemeanors. Within two hours of his arrest the defendant submitted to a breathalyzer test which indicated a blood alcohol content greater than .10 of 1% of alcohol. The defendant now moves pursuant to CPL 710.20 (5) to suppress and preclude the...
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