People v. Todd

Memorandum. Order reversed. The People failed to establish that the breathalyzer apparatus had been timely calibrated; hence, the results of the breath test were inadmissible. It was incumbent upon the District Attorney to show that the machine was in proper working order. We conclude, however, that the County Judge erred in holding that there was insufficient evidence to support a conviction for the crime of driving while intoxicated (Vehicle and Traffic Law, § 1192, subd 3) as a matter of law. Accordingly, we remit to the County Court, Delaware County, for a determination of the facts…