People v. Smith

—Judgment unanimously affirmed. Memorandum: We conclude that there is no merit to defendant’s contention that Supreme Court erred in denying his motion for a mistrial or his pretrial motion to suppress the results of the breathalyzer test (see, People v Nania, 177 AD2d 1015, lv denied 79 NY2d 951). Prior to the testimony of the police officer who administered the test, the court granted defendant’s renewed application at trial to suppress the test results as unreliable (see, People v Uruburu, 169 AD2d 20, lv denied 78 NY2d 1082). Defendant moved for a mistrial based *943upon the fact that during…