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PEOPLE v. HEYANKA

2008SU44139

25 Misc.3d 978 (2009)

886 N.Y.S.2d 801

2009 NY Slip Op 29379

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MICHAEL HEYANKA, Defendant.

District Court of Suffolk County, First District.

Decided August 19, 2009.

Attorney(s) appearing for the Case

Thomas J. Spota, District Attorney, Central Islip (Omar Almanzar of counsel), for plaintiff.

John T. Powers, Jr., P.C., Deer Park, for defendant.

OPINION OF THE COURT

SALVATORE A. ALAMIA, J.

On Friday August 14, 2009 People's exhibits "5" and "8" were admitted into evidence at the defendant's jury trial for driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3) and (2). The court thereafter explained to counsel, outside the presence of the jury, that it had several reservations regarding the admissibility of the exhibits vis...

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