People v. Kirkland

OPINION OF THE COURT

W. Patrick Falvey, J.

The defendant, John R. Kirkland, was charged on Septem*39ber 24, 1992 by the Yates County Grand Jury with two counts of operating a motor vehicle while in an intoxicated condition in violation of Vehicle and Traffic Law § 1192 (2), (3) and § 1193 (1) (c), both class E felonies.

The defendant moved by notice of omnibus motion dated November 18, 1992 for various forms of relief to and including an order of preclusion regarding the breathalyzer test. The court determined all other requests as set out in an order dated December 1, 1992 including the scheduling…