People v. Nania

Judgment unanimously affirmed. Memorandum: As part of his omnibus motion, defendant moved to suppress the results of a breathalyzer test upon the ground that the ampoules used in the administration of the test were from a lot that was improperly mixed, and thus, that the test result was unreliable (see, People v Uruburu, 169 AD2d 20). Defendant’s sole contention on appeal is that the suppression court erred in denying that motion without conducting a hearing. We conclude that a motion addressed to the integrity of the ampoules is not a motion to suppress authorized by CPL 710.20 (5) and that…