Legal Opinion

People v. Dailey

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

Decided November 12, 1999PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Green, J.

On appeal from a judgment convicting him of two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]), defendant contends that the People failed to meet the foundational requirements for the admission of the breathalyzer test result. Defendant’s primary contention is that the certified record of analysis of breathalyzer ampoules, which identifies the catalyst in the ampoules as silver rather than silver nitrate, is incompetent to establish “that the chemicals used in conducting the test were of the proper kind…

2Cases cited14 opinions

  1. People v. GallowayNew York Court of Appeals · 1981
  2. People v. AlvarezNew York Court of Appeals · 1987
  3. People v. GowerNew York Court of Appeals · 1977
  4. People v. FreelandNew York Court of Appeals · 1986
  5. People v. DonaldsonAppellate Division of the Supreme Court of the State of New York · 1971

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

3Cited by9 opinions

  1. Green v. DeMarcoNew York Supreme Court · 2005
  2. People v. KanhaiCriminal Court of the City of New York · 2005
  3. People v. OrpinJustice Court of Town of Irondequoit · 2005
  4. People v. KeenerAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. NuesiAppellate Division of the Supreme Court of the State of New York · 2011

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

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