PEOPLE v. KINNE


71 N.Y.2d 879 (1988)

The People of the State of New York, Appellant, v. Douglas A. Kinne, Respondent.

Court of Appeals of the State of New York.

Decided March 31, 1988.


Attorney(s) appearing for the Case

John T. Ward, District Attorney (Paul H. Andrews of counsel), for appellant.

Respondent, precluded.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the County Court should be reversed and the case remitted to that court for a review of the facts (see, CPL 470.25 [2] [d]; 470.40 [2] [b]).

County Court held below that the foundation evidence attesting to the proper working order of the breathalyzer was inadmissible because the attached authentication certificate was improperly dated. This conclusion was error. Where a "certification...

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