Legal Opinion
People v. Pealer
New York Court of Appeals
Decided February 19, 2013PublishedCited by 95 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
The question presented in this appeal is whether records pertaining to the routine inspection, maintenance and calibration of breathalyzer machines can be offered as evidence in a criminal trial without producing the persons who created the records. We hold that because such documents are nontestimonial, the records are not subject to the Confrontation Clause requirements set forth in Crawford v Washington (541 US 36 [2004]).
I
Early one morning in October 2008, the Penn Yan Police Department in Yates County received an anonymous telephone call indicating that…
2Cases cited41 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Davis v. WashingtonSupreme Court of the United States · 2006
- Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
- Michigan v. BryantSupreme Court of the United States · 2011
- Bullcoming v. New MexicoSupreme Court of the United States · 2011
36 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- People v. JohnNew York Court of Appeals · 2016
- State v. LuiWashington Supreme Court · 2014
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2013
- State v. Julie L. Michaels (072106)Supreme Court of New Jersey · 2014
- People v. HerbAppellate Division of the Supreme Court of the State of New York · 2013
90 more not listed; retrieve them via the Exa API.