Legal Opinion
People v. Victory
Criminal Court of the City of New York
Decided August 4, 1995PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph J. Maltese, J.
In view of the Court of Appeals 4 to 3 split decision in People v Atkins (85 NY2d 1007 [1995]), this court, upon the application of the People, has reconsidered its decision of June 6, 1995 which suppressed the results of a breathalyzer test, and hereby sets it aside.
This court now holds that in this prosecution of Vehicle and Traffic Law § 1192 for operating a motor vehicle while impaired or intoxicated by alcohol, upon objection of the defense, the prosecution must establish, at a hearing by expert testimony, scientific evidence that a blood-alcohol…
2Cases cited32 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- South Dakota v. NevilleSupreme Court of the United States · 1983
- Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
- People v. WesleyNew York Court of Appeals · 1994
27 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. BaldwinNew Mexico Court of Appeals · 2001
- In re Simon II LitigationDistrict Court, E.D. New York · 2002
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc.District Court, E.D. New York · 2001
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc.District Court, E.D. New York · 2001
- People v. ZawackiAppellate Division of the Supreme Court of the State of New York · 1997
9 more not listed; retrieve them via the Exa API.