People v. Farrell

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

In the circumstances of this case, the trial court properly denied defendant’s motion for inspection of the test ampoule used in administering the breathalyzer test given to defendant or alternatively to dismiss the indictment for driving while having .10 of one per centum or more by weight of alcohol in his blood and driving while ability impaired by the consumption of alcohol. The ampoule had been destroyed in accordance with routine practice. Defendant submitted no evidence to show that the ampoule could…