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PEOPLE v. SCHWARTZ

12 A.D.3d 210 (2004)

783 N.Y.S.2d 806

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD SCHWARTZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 9, 2004.

Defendant's various challenges to the admission of the results of an Intoxilyzer S-D2 test that the police conducted in the field are academic because the court specifically stated that it had not placed any "weight whatsoever" on those results and had completely disregarded them in arriving at its verdict (see People v Stevens, 158 A.D.2d 283 [1990], lv denied 75 N.Y.2d 970 [1990...

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