Court of Appeals of New York

A reversal of defendant's drunk driving conviction is reversed where there is no per se rule requiring that breath-alcohol detection devices must be calibrated at least every six months in order for the test results to be admissible at trial, and the People must instead lay a foundation demonstrating that the particular device used was in proper working order when the test was administered.

Appellate Information

• Decided 11/17/2010
• Published 11/17/2010

Judges

• Victoria Graffeo

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Bonnie M. Mitzner, Joel M. Proyect