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MATTER OF SHAY v. MULLEN

215 A.D.2d 935 (1995)

626 N.Y.S.2d 580

In the Matter of Richard J. Shay, as District Attorney of The County of Cortland, Petitioner, v. Charles J. Mullen, as Cortland County Judge, Respondent

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

May 18, 1995

Peters, J.

Thomas E. Ottenschot was indicted for two counts of operating a motor vehicle while under the influence of alcohol, as a felony (see, Vehicle and Traffic Law § 1192 [2], [3]), and for speeding (see, Vehicle and Traffic Law § 1180 [b]). In response to a defense motion requesting, inter alia, access to the breathalyzer used to test the blood alcohol level of defendant, as well as all operating manuals and training...

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