Legal Opinion

People v. Gallagher

New York District Court

Decided May 15, 1986PublishedCited by 6 opinions

1Opinion of the Court

*196OPINION OF THE COURT

Anthony R. Corso, J.

The defendant, Donald Gallagher, has been charged with driving while under the influence of alcohol pursuant to Vehicle and Traffic Law § 1192 (2) and (3). A pretrial suppression hearing was held before the court to determine whether or not the People would be permitted to introduce into evidence at the time of trial the result of the defendant’s blood alcohol content as determined by the Intoxilyzer 5000. Defendant has argued that such hearing was required because there is no authority that has established this instrument to be reliable, nor has it…

2Cases cited3 opinions

  1. People v. HughesNew York Court of Appeals · 1983
  2. People v. GowerNew York Court of Appeals · 1977
  3. People v. DonaldsonAppellate Division of the Supreme Court of the State of New York · 1971

3Cited by6 opinions

  1. People v. HampeAppellate Division of the Supreme Court of the State of New York · 1992
  2. Commonwealth v. SmytheMassachusetts Appeals Court · 1987
  3. People v. PantaleoCriminal Court of the City of New York · 1988
  4. People v. GallagherSuffolk County District Court · 1986
  5. People v. CialinoCriminal Court of the City of New York · 2007

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