People v. Cialino

OPINION OF THE COURT

Matthew A. Sciarrino, Jr., J.

*1000In an apparent case of first impression in this state, this court holds that the source codes for the Intoxilyzer 5000 are not discoverable.

The defendant is charged with operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [2], [3]). In addition to items contemplated by CPL 240.20 (1), he moves for an order directing the People to produce the source code1 of the Intoxilyzer 5000 used in this case, “reports concerning the operation and maintenance of the machine, simulator solution analysis, certificate…