People v. English

Yesawich, Jr., J.

(concurring in part and dissenting in part). I agree with the majority that the trial court erred in denying defendant’s motion for discovery of the calibration tests (CPL 240.20, subd 1, par [c]). Since the conviction pursuant to subdivision 2 of section 1192 of the Vehicle and Traffic Law is based solely on the breathalyzer result, it should be reversed. H There is, however, ample independent evidence to support defendant’s conviction for *981driving while in an intoxicated condition under subdivision 3 of section 1192 (see People v Farrell, 87 AD2d 690 [concurring opn], affd…