People v. Todd

Defendant appeals from a judgment of conviction after jury trial in Justice Court, Town of Middle-town, Delaware County, convicting the defendant of driving while intoxicated in violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law. Questions presented on this appeal are: (1) Was the destruction of the ampoule used as part of the breathalyzer test a violation of defendant’s constitutional rights' guaranteed by the due process clause of both the United States and New York State Constitutions? (2) Was it reversible error by the trial court to refuse to hear defendant’s…