People v. Aliaj

OPINION OF THE COURT

Daniel P. Conviser, J.

Introduction

Multiple trial courts have wrestled with the question of whether the results of a test which has been approved as valid to measure a defendant’s blood alcohol content but is adminis*684tered at the scene of a vehicle stop, rather than at a police precinct with all of the traditional protocols of a chemical test, is admissible at trial. At least four trial courts have held that the results of such “portable breath tests” (PBTs) are never admissible at trial. (See People v Reed, 5 Misc 3d 1032[A], 2004 NY Slip Op 51662[U] [Sup Ct, Bronx County…