People v. Freeland

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

As a foundational requirement for the admission of breathalyzer test results in a prosecution under Vehicle and Traffic Law § 1192, the People must introduce evidence from which the trier of fact could reasonably conclude, inter alla, that the testing device was in proper working order at the time the test was administered to the defendant (People v Todd, 38 NY2d 755) and that the chemicals used in conducting the test were of the proper kind and mixed in the proper proportions (People…