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People v. Carrer-Gonzalez

Documents DA Previously Produced Discharged Discovery Obligation as To Simulator Solution

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DECISION AND ORDEROPINION OF THE COURT

*1 The defendant is charged with VTL §1192(2) (Driving While Intoxicated — Per Se) as well as VTL §1192(3) (Driving While Intoxicated) and VTL §1192(1) (Driving While Ability Impaired). On or about September 14, 2017, the defendant served and filed a Demand for Discovery. On October 12, 2017, the People served their Response. The defendant believes that the People’s production was incomplete and now moves, pursuant to CPL §240.20, to compel the production of: [a]ll documents concerning the preparation and testing of the Simulator Solution Lot Number 17040 including the forensic method utilized in the production of the simulator solution i.e. standard operating procedures for the production of any and all simulator solutions produced and utilized in the testing of the Defendant’s

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