PEOPLE v. HERNANDEZ

10-14889.

31 Misc.3d 208 (2011)

915 N.Y.S.2d 824

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSEPH J. HERNANDEZ, Defendant. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JENNIFER L. MERRELL, Defendant.

City Court of Rochester.

January 26, 2011.


Attorney(s) appearing for the Case

Michael C. Green , District Attorney ( Matthew McGrath of counsel), for plaintiff.

Todd Wisner for Joseph J. Hernandez, defendant.

Michael C. Green , District Attorney ( Matthew McGrath of counsel), for plaintiff.

Louis Asandrov for Jennifer L. Merrell, defendant.


OPINION OF THE COURT

THOMAS RAINBOW MORSE, J.

During the bench trials of Mr. Hernandez and Ms. Merrell this court was called upon to rule on the admissibility of four breath test foundational documents in separate per se DWI cases.1 One of the documents the court had before it was essentially the same as that used in New York cases for the past 30 years. The other three documents, however, contained new language not yet validated...

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