PEOPLE v. GARNEAU


120 A.D.2d 112 (1986)

The People of the State of New York, Respondent, v. Barry C. Garneau, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 10, 1986


Attorney(s) appearing for the Case

Edward J. Nowak (Brian Shiffrin of counsel), for appellant.

Howard R. Relin, District Attorney (Neva Flaherty of counsel), for respondent.

GREEN, PINE, BALIO and LAWTON, JJ., concur.


DILLON, P. J.

The documents purporting to lay a foundation for the introduction of the results of a breathalyzer test administered to defendant were impermissibly received into evidence under the common-law public documents exception to the hearsay rule. Since the records were not shown to fall within any recognized exception to the rule, the breathalyzer test results should not have been received at defendant...

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