PEOPLE v. LAZARUS


173 Misc.2d 420 (1997)

661 N.Y.S.2d 497

The People of the State of New York, Plaintiff, v. Charles Lazarus, Defendant.

City Court of Canandaigua.

June 18, 1997


Attorney(s) appearing for the Case

Thomas D. Cook (Judith Sinclair of counsel), for defendant. R. Michael Tantillo, District Attorney of Ontario County (Neal P. Mc Clelland of counsel), for plaintiff.


STEPHEN D. ARONSON, J.

The defendant had been charged with violating Vehicle and Traffic Law § 1192 (2), § 1193 (3) and § 375 (2) (a), and a bench trial was held on May 21, 1997.

The defendant objected to the admissibility of the record of analysis of the breathalyzer ampoules on the ground that one of the chemical compounds identified in the exhibit — silver — is mislabeled.

The record of analysis of the breathalyzer...

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