PEOPLE v. HERNANDEZ

Docket No. CR-000115-22BX.

78 Misc.3d 768 (2023)

183 N.Y.S.3d 282

2023 NY Slip Op 23033

THE PEOPLE OF THE STATE OF NEW YORK v. JORDAN HERNANDEZ, Defendant.

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

Decided February 7, 2023.


Attorney(s) appearing for the Case

Darcel D. Clark , District Attorney ( Michael Naughton of counsel), for the People.

The Legal Aid Society, Bronx ( Mark Formichelli of counsel), for defendant.


OPINION OF THE COURT

For such a small device, much has been written about the portable breath test (PBT). Unfortunately, despite the volume of decisions concerning the PBT, there's a lot of confusion and inconsistency about the admissibility of its results at trial, much of it engendered by the leading treatise in...

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