In People v. Livingston. 175 Misc2d 322, 668 N.Y.S.2d 443 (Broome County Ct 1997), a DWI prosecution, the prosecutor did not show to the Grand Jury a videotape of the defendant performing field sobriety and breath analysis tests. After viewing it, the court declared that "any objective review of the videotape clearly indicates that the defendant's performance on those tests was far from failing." Id., at 324, and dismissed the indictment.