People v. Dillin

OPINION OF THE COURT

Peter J. Benitez, J.

Defendant is charged in an information with operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [2], [3]). Defendant previously moved to dismiss the Vehicle and Traffic Law § 1192 (2) charge, arguing that Vehicle and Traffic Law § 1194 requires that a chemical breathalyzer test to determine blood alcohol level must be administered within two hours after arrest for its result to be admissible, and, in this case, the breathalyzer test was administered more than two hours after his arrest. The People argued that,…