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2 Jan 2012, 8:21 am by Brian Shiffrin
”However, in People v Pealer (2011 NY Slip Op 08397 [4th Dept 11/18/11] the Appellate Division Fourth Department held that these holdings do not apply to the calibration and simulator solution certificates used in verifying the accuracy of the breathalyzer test, on the ground that these documents were testimonial subject to the right to confrontation.A month later, in People v Morrison (2011 NY Slip Op 09450 [12/23/11]) the Fourth Department had a… [read post]
20 Nov 2011, 5:00 pm by Brian Shiffrin
” In People v Pealer (2011 NY Slip Op 08397 [4th Dept 11/18/11]) considered whether these holding apply to the calibration and simulator solution certificates used in verifying the accuracy of the breathalyzer test. [read post]