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PEOPLE v. SUMMA

140 Misc.2d 763 (1988)

The People of the State of New York, Plaintiff, v. Michael Summa, Defendant.

District Court of Suffolk County.

July 21, 1988

Attorney(s) appearing for the Case

Patrick Henry, District Attorney (Jennifer Buettow and Kevin Slattery of counsel), for plaintiff. Paul E. Fitzmorris for defendant.

IRA P. BLOCK, J.

In this prosecution for driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]), the court has conducted a hearing to determine whether the Intoxilyzer 5000 is sufficiently reliable to permit the admissibility of its test results. The Intoxilyzer 5000 is used to determine the blood alcohol concentration of the defendant's blood.

The expert witnesses and their backgrounds are summarized as follows:

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