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MATTER OF VANDERMINDEN v. TARANTINO

60 A.D.3d 55 (2009)

871 N.Y.S.2d 760

In the Matter of CHARLES C. VANDERMINDEN, Appellant, v. RICHARD P. TARANTINO, as Judge of the City Court of the City of Glens Falls, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 15, 2009.

Attorney(s) appearing for the Case

Gerstenzang, O'Hern, Hickey & Gerstenzang, Albany (Eric H. Sills of counsel), for appellant.

Andrew M. Cuomo, Attorney General, Albany (Owen Demuth of counsel), for Richard P. Tarantino, respondent.

Kathleen B. Hogan, Warren County District Attorney, Lake George (Kevin P. Donlon of counsel), for Warren County District Attorney, respondent.

James A. Murphy III, President, New York State District Attorneys Association, Mineola, for New York State District Attorneys Association, amicus curiae.

LAHTINEN, KANE and KAVANAUGH, JJ., concur.

OPINION OF THE COURT

CARDONA, P.J.

Petitioner, the holder of a Vermont driver's license, was arrested in Warren County for driving while intoxicated (see Vehicle and Traffic Law § 1192 [2], [3]). The results of a breath test administered shortly thereafter indicated that his blood alcohol content (hereinafter BAC) was .14%. Following a Pringle hearing (Pringle v Wolfe, 88 N.Y.2d 426 [1996],

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