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PEOPLE v. RUIZ

146 Misc.2d 825 (1990)

The People of the State of New York, Plaintiff, v. Heriberto Ruiz et al., Defendants.

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

January 24, 1990

Attorney(s) appearing for the Case

Gary Cohen for Heriberto Ruiz, defendant. Joseph Giovanello for Marcellino Rodriguez, defendant. Robert Baum, Gail Pomerantz, Dana Nash and Kevin Brekka for Jose Lopez and others, defendants. Jeffrey Stichinsky for Cole Coleman, defendant. Charles J. Hynes, District Attorney (Donald Berk of counsel), for plaintiff.

JOSEPH KEVIN McKAY, J.

These cases have been consolidated only for the purpose of hearing and deciding the defendants' motions to preclude the use of the breathalyzer results at each trial, based on a lack of proof of the chemical composition of the ampoules from lot No. 0228 used for each defendant's breathalyzer test.

Based on the record compiled in People v Serrano and People v Hosein...

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