Legal Opinion

People v. Pealer

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 2011PublishedCited by 17 opinions

1Opinion of the Court

Memorandum:

On appeal from a judgment convicting him following a jury trial of, inter alia, felony driving while intoxicated ([DWI] Vehicle and Traffic Law § 1192 [2]; § 1193 [1] [c] [ii]), defendant contends that County Court erred in admitting in evidence breath test calibration and simulator solution certificates (collectively, breath test documents) used in verifying the accuracy of the breathalyzer test. According to defendant, the admission of those records in evidence violated his rights under the Confrontation Clause of the Sixth Amendment to the United States Constitution (see…

2Cases cited14 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Whren v. United StatesSupreme Court of the United States · 1996
  3. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
  4. Bullcoming v. New MexicoSupreme Court of the United States · 2011
  5. People v. RobinsonNew York Court of Appeals · 2001

9 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. People v. PealerNew York Court of Appeals · 2013
  2. People v. HulbertAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. DanielsAppellate Division of the Supreme Court of the State of New York · 2014
  4. State v. KramerIdaho Court of Appeals · 2012
  5. People v. WrightAppellate Division of the Supreme Court of the State of New York · 2013

12 more not listed; retrieve them via the Exa API.

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