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CONSTANTINE v. LETO

157 A.D.2d 376 (1990)

In the Matter of Thomas A. Constantine, as Superintendent of the Division of State Police, Appellant, v. Mark P. Leto, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 31, 1990

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Joseph Koczaja and Nancy A. Spiegel of counsel), for appellant.

Gerstenzang, Weiner & Gerstenzang (Peter Gerstenzang of counsel), for respondent.

MAHONEY, P. J., KANE, WEISS and LEVINE, JJ., concur.

MERCURE, J.

Respondent was arrested for driving while intoxicated by Trooper E. J. Demczar of the State Police. Thereafter, while the case was pending before the Town of Schodack Justice Court in Rensselaer County, a subpoena duces tecum was issued by Supreme Court directing petitioner, the Superintendent of State Police, to produce the State Police "Breath Test Operator's Training Course Manual" which was used...

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