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PEOPLE v. ROBINSON

53 A.D.3d 63 (2008)

860 N.Y.S.2d 159

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD ROBINSON, Appellant.

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

June 10, 2008.

Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York City (William Kastin of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.

RITTER, J.P., FLORIO and McCARTHY, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

We are asked on this appeal first to determine whether the computer source code governing the operation of a breathalyzer machine is subject to disclosure as a written document within the meaning of CPL 240.20 (1) (c) and/or as a document concerning a scientific test or calibration of an instrument utilized to perform a scientific test within the meaning of CPL 240.20 (1) (k). If so, we must then determine whether the People...

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