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GREEN v. DEMARCO

11 Misc.3d 451 (2005)

812 N.Y.S.2d 772

MICHAEL C. GREEN, as District Attorney of Monroe County, Plaintiff, v. JOHN L. DEMARCO, as Judge of the Justice Court of the Town of Irondequoit, Defendant.

Supreme Court, Monroe County.

December 12, 2005.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Rochester (Edmund C. Baird of counsel), for defendant.

Michael C. Green, Rochester, pro se, and Michael J. Nolan, Rochester, for Michael C. Green, plaintiff.

National College for DUI Defense, Rochester (Edward L. Fiandach of counsel), amicus curiae.

OPINION OF THE COURT

KENNETH R. FISHER, J.

The Monroe County District Attorney commenced this action, seeking declaratory relief collaterally attacking a ruling of a local criminal court, which precluded the use of government-generated business records to establish the foundation requirements for the admission of breathalyzer test results at the trial of a person charged with driving while intoxicated in violation of Vehicle and Traffic Law § 1192 ...

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