People v. Garneau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, P. J.
The documents purporting to lay a foundation for the introduction of the results of a breathalyzer test administered to defendant were impermissibly received into evidence under the common-law public documents exception to the hearsay rule. Since the records were not shown to fall within any recognized exception to the rule, the breathalyzer test results should not have been received at defendant’s trial.
The jury convicted defendant of driving while intoxicated under Vehicle and Traffic Law § 1192 (2), (3) as felonies, and speeding (Vehicle and Traffic Law §…
2Cases cited14 opinions
- People v. AllweissNew York Court of Appeals · 1979
- People v. MertzNew York Court of Appeals · 1986
- People v. GowerNew York Court of Appeals · 1977
- People v. NisonoffNew York Court of Appeals · 1944
- People v. FreelandNew York Court of Appeals · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1986
- People v. UruburuAppellate Division of the Supreme Court of the State of New York · 1991
- Garcia v. PortuondoDistrict Court, S.D. New York · 2006
- Green v. DeMarcoNew York Supreme Court · 2005
- People v. McDonoughAppellate Division of the Supreme Court of the State of New York · 1987
27 more not listed; retrieve them via the Exa API.