People v. Ruiz

OPINION OF THE COURT

Joseph Kevin McKay, J.

These cases have been consolidated only for the purpose of *826hearing 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 (142 Misc 2d 1087 [Crim Ct, Kings County 1989]) (hereafter Serrano) and also considering the lengthy decision of the Manhattan Criminal Court in People v Pantaleo (NYLJ, Sept. 20, 1989, at…