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Appeal from the Superior Court of the District of Columbia (Hon. John R. Hess, Trial Judge)

Submitted March 9, 2000

Following a non-jury trial, appellant Antonio Villa was convicted of driving under the influence of intoxicating liquor, in violation of D.C. Code � 40-716 (b)(1) (1998). In the course of the trial, defense counsel cross-examined the police officer who had administered a breathalyzer test to Mr. Villa. At one point, counsel’s line of questioning became repetitive, and the government objected. The trial court sustained the objection and, in doing so, placed a limitation on counsel’s ability to cross-examine the witness further, relying in part on D.C. Code � 40-717.2 (1998). Villa now contends that his conviction should be overturned because the court’s interpretation of section 40-717.2 was erroneous and that, because he was prevented from further developing his line of questioning, he was denied his Sixth Amendment right to confront a witness and present a defense. We agree that the trial court’s interpretation of the statute was erroneous, but we hold that the error was harmless and affirm the conviction.

 
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