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PEOPLE v. DIPLAN

180 Misc.2d 294 (1999)

688 N.Y.S.2d 436

The People of the State of New York, Plaintiff, v. Elvin Diplan, Defendant.

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

March 26, 1999

Attorney(s) appearing for the Case

Bronx Defenders Office (Caitlin Fenhagen of counsel), for defendant. Robert T. Johnson, District Attorney of Bronx County (Ivan Okun of counsel), for plaintiff.

ROBERT RACITI, J.

Defendant is charged with operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [2]). On March 3, 1999, a suppression hearing was conducted by this court on defendant's motion to suppress his breathalyzer test results and his statements upon arrest. The court credits the testimony of Police Officer Steven Swanson, the People's only witness, and...

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