People v. Testa

OPINION OF THE COURT

Michael F. McKeon, J.

Defendant charged in an accusatory instrument with driving while intoxicated moves to suppress the results of a test performed of his breath on a breath-testing device known as the Datamaster or in the alternative requests a Frye hearing to determine the scientific reliability of that instrument.

Although the Fourth Department has yet to rule on this issue, the Third Department in People v Hampe (181 AD2d 238, lv denied 80 NY2d 930) ruled that it was not error to admit the results of a BAG Verifier breath-testing device absent testimony of an expert…