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PEOPLE v. CARREIRA

42594.

27 Misc.3d 293 (2010)

893 N.Y.S.2d 844

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RAVEN CARREIRA, Defendant.

City Court of Watertown.

Decided January 12, 2010.

Attorney(s) appearing for the Case

Doldo & Neddo, P.C. ( Anthony Neddo of counsel), for defendant.

Cindy Intschert , District Attorney ( Frank Seminerio of counsel), for plaintiff.

OPINION OF THE COURT

JAMES C. HARBERSON, JR., J.

Issue

Following Crawford v Washington (541 U.S. 36 [2004]), do Intoxilyzer calibration and breath alcohol simulator solution testing records qualify as "testimonial" for purposes of the Sixth Amendment, thereby requiring that their preparers be subject to cross-examination at trial?

Facts

Defendant...

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