People v. Corley

Defendant was tried and convicted of operating a motor vehicle with at least .10% of alcohol in his blood (see, Vehicle and Traffic Law § 1192 [2]) and operating a motor vehicle while intoxicated (see, Vehicle and Traffic Law § 1192 [3]). On this appeal, defendant urges that he was impermissibly prejudiced by the People’s failure to supply him, until the first day of trial, with documents relating to the testing and calibration of the breathalyzer instrument used to test defendant’s blood alcohol level. Some time prior to trial, defendant had submitted to the People a demand to produce, inter…