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In rejecting an appeal of a drunken driving conviction, a Brooklyn appellate panel has ruled that an individual breathalyzer's "source code" is subject to discovery, but that the state's "inability or failure" to provide the code to the defendant did not deprive him of a fair trial. Writing for a unanimous unanimous panel of the Appellate Division, Second Department, Justice Thomas A. Dickerson upheld Donald Robinson's conviction for driving while intoxicated, as well as his sentence of one-and-a-third to four years.
June 16, 2008 at 12:00 AM
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