People v. Kinne

OPINION OF THE COURT

Memorandum.

The order of the County Court should be reversed and the case remitted to that court for a review of the facts (see, CPL 470.25 [2] [d]; 470.40 [2] [b]).

County Court held below that the foundation evidence attesting to the proper working order of the breathalyzer was inadmissible because the attached authentication certificate was improperly dated. This conclusion was error. Where a "certification or authentication” replaces the testimony of a live witness, pursuant to CPLR 4518 (c), it must state that the documents that it authenticates were produced in the…