People v. Holmes

OPINION OF THE COURT

Karen Morris, J.

The defendant is charged with two counts of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2) and (3). At the time of the arrest the defendant submitted to a breath test for determination of her blood alcohol content. The test was performed on a Datamaster manufactured by National *963Patent Analytical Systems of Long Island, Inc. This machine is newly being utilized by the Monroe County Sheriffs Office and has not been adopted by other law enforcement agencies in the area. The defendant seeks to preclude the admission of the breath…