People v. Bortolis

OPINION OF THE COURT

Gene R. Lopez, J.

The defendant is charged with two counts of driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]). On March 23, 2009, this court started a Huntley hearing to determine whether the prosecution may use on its case-in-chief two statements made by the defendant to Police Officer Joseph Morabito: namely, that the defendant had been drinking and he had been driving. At the hearing, Morabito testified that he typed his recitation of facts surrounding the defendant’s arrest onto a template of a criminal court complaint and then electronically…