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PEOPLE v. CAPRAELLA

165 Misc.2d 639 (1995)

629 N.Y.S.2d 965

The People of the State of New York, Plaintiff, v. Nicholas Capraella, Defendant.

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

June 26, 1995

Attorney(s) appearing for the Case

Jose Gonzalez for defendant. Richard A. Brown, District Attorney of Queens County (Joseph Fein of counsel), for plaintiff.

JOSEPH ANTHONY GROSSO, J.

The defendant, charged with Vehicle and Traffic Law § 1192 (1), moves for an order suppressing statements and for an order suppressing the results of a breathalyzer examination.

A hearing on these issues was held on June 20, 1995 and one witness, Police Officer Kevin Dunn, testified. I find Officer Dunn's testimony to be candid, forthright and consistent and find as follows...

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