People v. Hernandez

OPINION OF THE COURT

Thomas Rainbow Morse, J.

During the bench trials of Mr. Hernandez and Ms. Merrell this court was called upon to rule on the admissibility of four breath test foundational documents in separate per se DWI cases.1 One of the documents the court had before it was essentially the same as that used in New York cases for the past 30 years. The other three documents, however, contained new language not yet validated by our courts in any reported decision. These three documents had neither a “pen and ink” signature nor a raised seal over a stamped inscription. Instead, they bore…