PEOPLE v. CALDERELLA


170 Misc.2d 1044 (1996)

656 N.Y.S.2d 91

The People of the State of New York, Respondent, v. Matthew Calderella, Appellant.

Supreme Court, Appellate Term, Second Department.

December 27, 1996


Attorney(s) appearing for the Case

Bongiorno, Averna & Bongiorno, L. L. P., Garden City (Peter C. Bongiorno of counsel), for appellant. Denis E. Dillon, District Attorney of Nassau County, Mineola (Lawrence J. Schwarz and Denise Pavlides of counsel), for respondent.

DiPAOLA, P. J., STARK and INGRASSIA, JJ., concur.


MEMORANDUM.

Judgment of conviction unanimously affirmed.

The People offered the usual evidence of intoxication, including a strong odor of alcoholic beverages on defendant's breath. Evidence was also offered of defendant's refusal to blow into the breathalyzer machine, which, according to the People's expert, accounted for the .00 reading. Defendant, on the other hand, denied taking any intoxicant and ascribed...

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