People v. Jennette

Yesawich, Jr., J.

Appeal from a judgment of the County Court of Clinton County (Feinberg, J.), rendered March 5, 1986, upon a verdict convicting defendant of the crime of operating a motor vehicle while under the influence of alcohol, as a felony.

*956Defendant was tried and convicted by a jury of operating a motor vehicle while having .10% or more by weight of alcohol in his blood. A breathalyzer test he submitted to, conducted by the arresting State Trooper, yielded a reading of .14%.

At issue are certain evidentiary rulings made during the course of the trial. Specifically, defendant maintains…