People v. George

OPINION OF THE COURT

Dena E. Douglas, J.

Defendant, Mark George, is charged with operating a motor vehicle while under the influence of alcohol pursuant to Vehicle and Traffic Law § 1192 (3) and (1). The People have moved for admission of the results of a breath test made at the scene of the arrest.

The People argue that because the device used to administer the breath test in the field, an Intoxilyzer S-D2, is listed on the “Conforming Products List of Evidential Breath Measurement Devices” compiled by the New York State Department of Health pursuant to 10 NYCRR 59.4 (b), its results are…