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PEOPLE v. COLE

178 Misc.2d 166 (1998)

681 N.Y.S.2d 447

The People of the State of New York, Plaintiff, v. James F. Cole, Defendant.

Justice Court of Town of Brighton, Monroe County.

August 17, 1998

Attorney(s) appearing for the Case

John LaDuca for defendant. Howard R. Relin, District Attorney of Monroe County (Steven Miller of counsel), for plaintiff.

KAREN MORRIS, J.

Defendant is charged with driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2) and (3), and failing to signal a lane change in violation of Vehicle and Traffic Law § 1163 (d). Defendant moved to suppress the results of a breathalyzer test and a hearing was held on June 15, 1998. The arresting deputy testified as follows. On November 14, 1997 at 2:18 A.M. defendant...

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