PEOPLE v. DAILEY


260 A.D.2d 81 (1999)

700 N.Y.S.2d 307

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP D. DAILEY, Appellant.

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

November 12, 1999.


Attorney(s) appearing for the Case

Thomas A. Corletta, Rochester, for defendant-appellant.

Susan H. Lindenmuth, District Attorney of Yates County, Penn Yan, for plaintiff-respondent.

DENMAN, P. J., SCUDDER, CALLAHAN and BALIO, JJ., concur.


OPINION OF THE COURT

GREEN, J.

On appeal from a judgment convicting him of two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]), defendant contends that the People failed to meet the foundational requirements for the admission of the breathalyzer test result. Defendant's primary contention is that the certified record of analysis of breathalyzer ampoules, which identifies the catalyst in...

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