[DOWNLOAD] "Matter Stanley Simpkins v. Dean Riley" by Supreme Court of New York " Book PDF Kindle ePub Free

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eBook details

• Title: Matter Stanley Simpkins v. Dean Riley
• Author : Supreme Court of New York
• Release Date : January 20, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

We agree with Supreme Court that the determination should be anulled. Contrary to respondents' contention on appeal, the language
of the regulation simply is not subject to a construction that a good-faith belief in the unavailability of a second tester
is sufficient. At the least, a reasonable effort must be made to obtain a "different trained individual" to retest before
the regulation's requirement is satisfied. Here, the alacrity with which the Hearing Officer found that two other qualified
officers were on duty when the testing was performed convinces us that no reasonable effort was made to comply with the regulation.
Thus, Supreme Court properly annulled the determination.

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