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PEOPLE v. CIALINO

14 Misc.3d 999 (2007)

831 N.Y.S.2d 680

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CHRISTOPHER S. CIALINO, Defendant.

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

February 6, 2007.

Attorney(s) appearing for the Case

Raymond L. Rodriguez, Staten Island, for defendant.

Daniel M. Donovan, Jr., District Attorney (Joseb S. Gim of counsel), for plaintiff.

OPINION OF THE COURT

MATTHEW A. SCIARRINO, JR., J.

In an apparent case of first impression in this state, this court holds that the source codes for the Intoxilyzer 5000 are not discoverable.

The defendant is charged with operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [2], [3]). In addition to items contemplated by CPL 240.20 (1), he moves for an order...

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