PEOPLE v. JONES

2010NY061507

33 Misc.3d 181 (2011)

927 N.Y.S.2d 586

2011 NY Slip Op 21250

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KAREEM JONES, Defendant.

Criminal Court of the City of New York, New York County.

Decided July 18, 2011.


Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney (Jorge Camacho of counsel), for plaintiff.

Legal Aid Society ( Steven Banks and Rachel Levy of counsel), for defendant.


OPINION OF THE COURT

ROBERT M. MANDELBAUM, J.

The results of an otherwise-reliable chemical test are not rendered inadmissible at an intoxicated-driving trial just because the device used to perform the test is capable of being moved.

Defendant was tried before a jury on charges of driving while intoxicated and ability impaired by the consumption of alcohol (see Vehicle and Traffic Law § 1192 [3], [1]). Prior to the commencement of trial...

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