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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