People v. Jones

OPINION OF THE COURT

Robert M. Mandelbaum, J.

The results of an otherwise-reliable chemical test are not rendered inadmissible at an intoxicated-driving trial just because the device used to perform the test is capable of being moved.

Defendant was tried before a jury on charges of driving while intoxicated and ability impaired by the consumption of alcohol (see Vehicle and Traffic Law § 1192 [3], [1]). Prior to the commencement of trial, the People moved in limine, over defendant’s objection, to introduce evidence that at the time of his arrest, defendant had .09 of one percent by weight of…