The following excerpt is from People v. Emmons, 417 N.Y.S.2d 432, 99 Misc.2d 941 (N.Y. Cty. Ct. 1979):
In United States v. Johnson, supra, an example of the fourth category, the inadvertent loss of the results of a breathalyzer test was obviated by the testimony of the officer who administered the test. A similar situation may prevail here. Possibly the evidence consisting of the photographs, the test results and testimony, concerning the door in question, would enable the defendant to sufficiently present the defense of justification despite the absence of this item. This is the reason for the aforesaid reservation.
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