People v. Torres

Judgment, Supreme Court, Bronx County (William L. McGuire, J.), rendered March 8, 2012, convicting defendant, after a jury trial, of driving while intoxicated per se and driving while ability impaired, and sentencing him to a $500 fine and a conditional discharge, unanimously affirmed.

Defendant’s Confrontation Clause claim is unavailing. A police officer, deemed an expert in breathalyzer tests, testified that he observed and recorded a breathalyzer test that was administered by a nontestifying officer. The testifying officer observed the other officer starting the machine, the machine…