Legal Opinion

People v. Serrano

Criminal Court of the City of New York

Decided February 24, 1989PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Joseph Kevin McKay, J.

INTRODUCTION

Defendants are each charged with violating Vehicle and Traffic Law § 1192 (2), the intoxicated driving statute, and related counts. They have moved separately on papers—consolidated for purposes of this motion and hearing only—for suppression or preclusion of the breathalyzer results before trial on grounds that certain chemical products (ampoules and simulator solutions) used in the breathalyzer machine (the Smith & Wesson Model 900A) to test their blood alcohol content (BAC) cannot be shown to have been scientifically reliable. Armed…

2Cases cited18 opinions

  1. People v. HuntleyNew York Court of Appeals · 1965
  2. Beech Aircraft Corp. v. RaineySupreme Court of the United States · 1988
  3. People v. BerriosNew York Court of Appeals · 1971
  4. People v. BallottNew York Court of Appeals · 1967
  5. People v. HughesNew York Court of Appeals · 1983

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

3Cited by12 opinions

  1. People v. UruburuAppellate Division of the Supreme Court of the State of New York · 1991
  2. People v. ColonAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. SherwoodAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. IwasiwPenfield Justice Court · 1996
  5. People v. SinghCriminal Court of the City of New York · 1989

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

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