People v. White

OPINION OF THE COURT

Melissa Crane, J.

This case calls upon this court to interpret the parameters of CPL 240.20 (1) (k), a statute that addresses the People’s discovery obligations in driving while intoxicated (DWI) per se cases (Vehicle and Traffic Law § 1192 [2]). For the following reasons, the court holds that the People must produce the record of calibration that is closest in time to defendant’s discovery demand, if they have not already done so. The People need not produce the maintenance logs or the gas headspace chromatography reports.

Background

The police arrested defendant for driving…