People v. Freeland

OPINION OF THE COURT

William C. Barrett, J.

Defendant is on trial upon charges of driving while under the influence of alcohol and driving while intoxicated. As foundation for the admission into evidence of breathalyzer test results, the People have shown that the test was performed pursuant to section 1194 (subd 1, par [1]) of the Vehicle and Traffic Law and that the person who performed the test possessed a permit to do so issued by the Department of Health.

The test operator also testified that he performed the test in accordance with a checklist which was received in evidence. He also…