PEOPLE v. TESTA


185 Misc.2d 874 (2000)

714 N.Y.S.2d 649

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DANIEL TESTA, Defendant.

City Court of Auburn.

September 27, 2000.


Attorney(s) appearing for the Case

Andrew S. Fusco, Auburn, for defendant.

James B. Vargason, District Attorney of Cayuga County (Diane M. Adsit of counsel), for plaintiff.


OPINION OF THE COURT

MICHAEL F. McKEON, J.

Defendant charged in an accusatory instrument with driving while intoxicated moves to suppress the results of a test performed of his breath on a breath-testing device known as the Datamaster or in the alternative requests a Frye hearing to determine the scientific reliability of that instrument.

Although the Fourth Department has yet to rule on this issue, the Third Department in People v Hampe...

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