In re Bott

OPINION OF THE COURT

Donald J. Wisner, J.

The issue presented in this case is how may service of a subpoena duces tecum be made in a criminal case upon the New York State Division of State Police to obtain production of records concerning a breathalyzer, a seeming simple question.

The applicant, Gary Bott, was indicted for a felony charge of operating a motor vehicle while under the influence of alcohol or drugs in violation of subdivisions 2 (test section) and 3 (common-law section) of section 1192 of the Vehicle and Traffic Law, and violating section 381 of the Vehicle and Traffic Law…