Shay v. Mullen

Peters, J. Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit respondent from entering an order of dismissal or other sanction in connection with a particular criminal action.

Thomas E. Ottenschot was indicted for two counts of operating a motor vehicle while under the influence of alcohol, as a felony (see, Vehicle and Traffic Law § 1192 [2], [3]), and for speeding (see, Vehicle and Traffic Law § 1180 [b]). In response to a defense motion requesting, inter alia, access to the breathalyzer used to test the blood alcohol level of defendant,…