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PEOPLE v. BOSCIC

No. 190

15 N.Y.3d 494 (2010)

938 N.E.2d 989

912 N.Y.S.2d 556

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DRAGAN BOSCIC, Respondent.

Court of Appeals of New York.

Decided November 17, 2010.

Attorney(s) appearing for the Case

James R. Farrell , District Attorney, Monticello ( Bonnie M. Mitzner , Scott Russell and Meagan Galligan of counsel), for appellant.

Joel M. Proyect , Parksville, for respondent.

Gerstenzang, O'Hern, Hickey, Sills & Gerstenzang, Albany ( Eric H. Sills of counsel), for New York State Defenders Association, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

In this case, we consider whether our decision in People v Todd (38 N.Y.2d 755 [1975]) adopted a standard requiring that breath-alcohol detection devices must be calibrated at least every six months in order for the test results to be admissible at trial. We hold that there is no per se, six-month rule and that the People must instead lay a foundation demonstrating that the particular...

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