(DOWNLOAD) "People State New York v. Robert J. Farrell" by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Robert J. Farrell
- Author : Court of Appeals of New York
- Release Date : January 16, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
In the circumstances of this case, the trial court properly denied defendants motion for inspection of the test ampoule used in administering the breathalyzer test given to defendant or alternatively to dismiss the indictment for driving while having .10 of one per centum or more by weight of alcohol in his blood and driving while ability impaired by the consumption of alcohol. The ampoule had been destroyed in accordance with routine practice. Defendant submitted no evidence to show that the ampoule could have been reanalyzed in such a fashion as to produce material evidence, and the record does not reflect that an opportunity to present evidence on this issue was ever requested. As well, defendants motion was interposed some two and one-half months after his arrest. Thus, the trial court correctly ruled that the People were not required to preserve the test ampoule and that the option of examining another ampoule from the same batch along with the procedures required to authenticate the test results provided adequate protection of defendants due process rights.
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