Lawsuit seeks to overturn case after lab woes

A woman convicted of aggravated vehicular assault for slamming into a minivan while driving drunk has become the first in an anticipated procession of criminal defendants asking that her conviction be overturned due to problems at the Nassau police crime laboratory.

A lawyer for Erin Marino, 30, of Hicksville, said in court papers filed Tuesday that her August conviction should be thrown out because a report on the police lab's work shows that the machine used to test the level of alcohol in her blood had not been maintained properly. The minivan's driver was seriously hurt in the crash, prosecutors said.

Marino's lawyer, Brian Griffin of Garden City, said in court papers that the "newly discovered evidence" of lab problems indicates "it is abundantly clear' that the blood evidence must be dismissed.

Nassau County Judge George Peck must rule on the motion. A spokeswoman for Nassau District Attorney Kathleen Rice said her office will review Griffin's motion.

"Like with any motion, we will review the attorney's allegation to determine whether or not any action needs to be taken," spokeswoman Carole Trottere said.

Nassau Police Commissioner Lawrence Mulvey has said the crime lab's failure to calibrate the machine used in calculating blood-alcohol level did not affect any test results.