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PEOPLE v. NIEVES

143 Misc.2d 734 (1989)

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

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

May 5, 1989

Attorney(s) appearing for the Case

Richard DiMarco for defendant. Robert M. Morgenthau, District Attorney (Lisa Mazure of counsel), for plaintiff.

WILLIAM LEIBOVITZ, J.

The defendant challenges the validity of his breathalyzer reading taken less than one hour after his arrest on a charge of driving while intoxicated (Vehicle and Traffic Law § 1192 [2]), an unclassified misdemeanor. He advances two grounds for suppression or preclusion of the reading, which registered his blood alcohol content (BAC) at .18%.

First, the defendant disputes the...

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