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PEOPLE v. VICTORY

166 Misc.2d 549 (1995)

631 N.Y.S.2d 805

The People of the State of New York, Plaintiff, v. Thomas Victory, Defendant.

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

August 4, 1995

Attorney(s) appearing for the Case

Anthony M. Bramante, Brooklyn, for defendant. Charles J. Hynes, District Attorney of Kings County (Mark Muccigrosso of counsel), for plaintiff.

JOSEPH J. MALTESE, J.

In view of the Court of Appeals 4 to 3 split decision in People v Atkins (85 N.Y.2d 1007 [1995]), this court, upon the application of the People, has reconsidered its decision of June 6, 1995 which suppressed the results of a breathalyzer test, and hereby sets it aside.

This court now holds that in this prosecution of Vehicle and Traffic...

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