PEOPLE v. HULBERT

103738.

93 A.D.3d 953 (2012)

939 N.Y.S.2d 661

2012 NY Slip Op 1698

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN H. HULBERT, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 8, 2012.


MALONE JR., J.

Following a jury trial, defendant was convicted of two counts of driving while intoxicated, and he was thereafter sentenced to concurrent prison terms of 2 1/3 to 7 years. He now appeals, contending solely that County Court erred in admitting into evidence two breath test machine maintenance and calibration records and a simulator solution certification. According to defendant, the court's admission of these documents into evidence without also allowing...

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