PEOPLE v. TODD


38 N.Y.2d 755 (1975)

The People of the State of New York, Appellant, v. Stratton H. Todd, Respondent.

Court of Appeals of the State of New York.

Decided December 2, 1975.


Attorney(s) appearing for the Case

Malcolm C. Hughes, District Attorney, for appellant.

Terence P. O'Leary for respondent.

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


MEMORANDUM.

Order reversed. The People failed to establish that the breathalyzer apparatus had been timely calibrated; hence, the results of the breath test were inadmissible. It was incumbent upon the District Attorney to show that the machine was in proper working order. We conclude, however, that the County Judge erred in holding that there was insufficient evidence to support a conviction for the crime of driving while...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases