The People v. Hao Lin

OPINION OF THE COURT

Stein, J.

In this appeal challenging convictions for driving while intoxicated, defendant argues that the Confrontation Clause was violated where the police officer who testified at trial regarding defendant’s breath test directly observed the test, but did not personally administer it. Because the officer testified based on his own observations and conclusions, rather than as a surrogate for his partner who actually administered the test, and none of the nontestifying officer’s hearsay statements were admitted against defendant, we hold that defendant’s rights under the…