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PEOPLE v. GOWER

42 N.Y.2d 117 (1977)

The People of the State of New York, Respondent, v. John H. Gower, Appellant. The People of the State of New York, Respondent, v. Donald A. Randall, Appellant. The People of the State of New York, Respondent, v. Michael Keihart, Appellant. The People of the State of New York, Respondent, v. Thomas F. Sammon, Appellant. The People of the State of New York, Respondent, v. Herman J. Tusar, Jr., Appellant.

Court of Appeals of the State of New York.

Decided June 30, 1977.

Attorney(s) appearing for the Case

Remy R. Perot and Terrence R. Dugan for appellants.

Patrick D. Monserrate, District Attorney (Frederick J. Meagher, Jr. of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.

JONES, J.

The issue tendered by the defendants and the People in these cases is the admissibility of certain certificates offered by the prosecution to show, by way of foundation for the introduction of the results of breathalyzer tests, that the particular breathalyzer equipment utilized was in proper working order and that the ampoules used contained properly compounded chemicals.

There were certificates...

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