PEOPLE v. HUSTED


179 Misc.2d 606 (1998)

686 N.Y.S.2d 544

The People of the State of New York, Respondent, v. Julie K. Husted, Appellant.

Supreme Court, Appellate Term, Second Department.

December 2, 1998


Attorney(s) appearing for the Case

Vergilis, Stenger, Roberts & Pergament, Wappingers Falls (Kenneth M. Stenger of counsel), for appellant. William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Kirsten A. Rappleyea of counsel), for respondent.

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


MEMORANDUM.

Judgment of conviction unanimously affirmed.

On December 6, 1996, defendant was arrested for driving while intoxicated. At the police barracks, defendant was administered a breathalyzer test which resulted in a blood alcohol reading of .22%.

Prior to trial, defendant moved by order to show cause to preclude the breathalyzer results based upon the fact that silver was used in the ampoule, and...

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