STATE v. DUFFY

No. 2000-250.

146 N.H. 648 (2001)

THE STATE OF NEW HAMPSHIRE v. BRIAN DUFFY

Supreme Court of New Hampshire.

July 23, 2001.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Constance N. Stratton, assistant attorney general, on the brief and orally), for the State.

Law Office of Mark Stevens, of Salem (Mark L. Stevens on the brief and orally), for the defendant.


NADEAU, J.

The defendant, Brian Duffy, appeals his conviction in the Portsmouth District Court (Taylor, J.) on one count of driving while intoxicated. See RSA 265:82 (1993) (amended 1995, 1996). He argues that the trial court erred by admitting (1) opinion evidence regarding the horizontal gaze nystagmus (HGN) test and (2) certain of the defendant's statements made during the booking process. We reverse and...

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