Legal Opinion
People v. Boscic
New York Court of Appeals
Decided November 17, 2010No. 190PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In this case, we consider whether our decision in People v Todd (38 NY2d 755 [1975]) adopted a standard 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. We hold that there is no per se, six-month rule and that the People must instead lay a foundation demonstrating that the particular device used was in proper working order when the test was administered.
On November 3, 2007, Constable McCarthy of the Town of Bethel police force observed a minivan parked on the…
2Cases cited10 opinions
- People v. MertzNew York Court of Appeals · 1986
- People v. AlvarezNew York Court of Appeals · 1987
- People v. GowerNew York Court of Appeals · 1977
- People v. FreelandNew York Court of Appeals · 1986
- People v. EnglishAppellate Division of the Supreme Court of the State of New York · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- People v. PealerNew York Court of Appeals · 2013
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2015
- People v. MurphyAppellate Division of the Supreme Court of the State of New York · 2012
- The People v. Hao LinNew York Court of Appeals · 2017
- People v. AliajNew York Supreme Court · 2012
18 more not listed; retrieve them via the Exa API.