People v. Stamp

OPINION OF THE COURT

John P. Wilgus, J.

Movant requests an order directing the People to employ the services of a breathalyzer expert on behalf of defendant, whom he described as indigent. Accompanying was an affidavit by defendant stating that he is a senior at Cornell University, is unemployed, is not supported by his parents, and has no income or assets with which to obtain funds to employ the services of a breathalyzer expert. Movant avers that expert testimony is necessary due to the charged breathalyzer reading (.13); the People’s use of an instrument “which had not been properly tested”;…