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PEOPLE v. PEALER

No. 9.

20 N.Y.3d 447 (2013)

985 N.E.2d 903

962 N.Y.S.2d 592

2013 NY Slip Op 1019

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT PEALER, Appellant.

Court of Appeals of New York.

Decided February 19, 2013.

Attorney(s) appearing for the Case

D.J. & J.A. Cirando, Esqs., Syracuse ( John A. Cirando, Bradley E. Keem and Elizabeth deV. Moeller of counsel), for appellant.

Jason L. Cook , District Attorney, Penn Yan , and Hannah E.C. Moore , New York Prosecutors Training Institute, Inc., Albany, for respondent.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Susan Axelrod of counsel), and Morrie I. Kleinbart , Staten Island, for District Attorneys Association of the State of New York, amicus curiae.

Chief Judge LIPPMAN and Judges READ and SMITH concur with Judge GRAFFEO; Judge SMITH in a separate concurring opinion; Judge PIGOTT dissents in part in an opinion; Judge RIVERA taking no part.

OPINION OF THE COURT

GRAFFEO, J.

The question presented in this appeal is whether records pertaining to the routine inspection, maintenance and calibration of breathalyzer machines can be offered as evidence in a criminal trial without producing the persons who created the records. We hold that because such documents are nontestimonial, the records are not subject to the Confrontation Clause requirements...

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