People v. Uruburu
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Denman, J.
Defendant appeals from his conviction, following a bench trial, of felony driving while intoxicated (blood alcohol content of .10% [Vehicle and Traffic Law § 1192 (2)]) and driving while ability impaired (Vehicle and Traffic Law § 1192 [1]). Defendant contends that the People failed to lay an adequate foundation for the admission into evidence of the breathalyzer test result because they failed to show that the chemicals were "of the proper kind and mixed in the proper proportions” (see, e.g., People v Freeland, 68 NY2d 699, 700). Defen*22dant thus contends that the…
2Cases cited20 opinions
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