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PEOPLE v. BURNET

33828C-08

25 Misc.3d 307 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LEVI BURNET, Defendant.

Supreme Court, Bronx County.

Decided July 1, 2009.

Attorney(s) appearing for the Case

The Bronx Defenders (Katheryn Miller and Adeola Ogunkeyede of counsel), for defendant.

Robert T. Johnson, District Attorney (Orville Reynolds and Jessica Groppe of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD LEE PRICE, J.

The defendant is charged with operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [3], [1]) and unlicensed operation of a motor vehicle (Vehicle and Traffic Law § 509 [1]) and moves by oral application, supplemented with a written memorandum of law, to preclude the People from introducing at trial any testimony or evidence that alcohol vapors caused the Intoxilyzer...

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