People v. Morris

Defendant was charged with a violation of section 1192 (subd. 1) of the Vehicle and Traffic Law. At the close of the People’s case, defendant moved to dismiss.

The statute provides that there can be no conviction unless “it is shown by means of a chemical test administered under section eleven hundred ninety-four that there was * * * five-hundredths of one per centum or more by weight of alcohol in his blood ’ ’.

Two tests were conducted with a machine called a ‘ ‘ breathalyzer ’ ’. A police technician, specially trained for the operation of the machine described the manner in which the tests…