The People v. Roy S. Kangas

OPINION OF THE COURT

Memorandum.

The order of County Court should be affirmed.

During a jury trial on charges of driving while intoxicated, defendant objected to the admission into evidence of the People’s exhibit containing a record of testing of the simulator solution used during the breath test that the police administered to defendant. Defendant objected on the ground that the certifications contained within the exhibit did not include a verification to show that the record could not be tampered with pursuant to CPLR 4539 (b). The trial court admitted the exhibit into evidence over…