People v. Lillis

*989OPINION OF THE COURT

Donald J. Mark, J.

The defendant, who is charged with driving while intoxicated as a felony in violation of Vehicle and Traffic Law § 1192 (2) and related charges, makes this pretrial application to suppress the results of a breathalyzer test, absent statutory authority (see, CPL 710.20 [5]) but pursuant to case law authority (see, People v Ruiz, 146 Misc 2d 825),1 upon the ground that the People will be unable to prove that the chemicals used in conducting the test were of the proper kind and mixed in the proper proportions.

The defendant relies upon the recent decision in…