People v. Fogle

OPINION OF THE COURT

Rose La Mendola, J.

This is an appeal from a judgment of the Justice Court of *787the Village of Angola (Herold, J.), entered at the conclusion of a nonjury trial in which the defendant was convicted of driving with .10 of 1% or more by weight of alcohol in the blood (Vehicle and Traffic Law § 1192 [2]).

During the defendant’s trial and in an effort to lay a foundation for testimony regarding defendant’s blood alcohol content, the People sought to introduce into evidence records relating to the calibration of the breathalyzer and the breath analyzer ampoules to show that both…