People v. Manino, 147 A.D.2d 926 (N.Y. App. Div. 1989). · Go Syfert
People v. Manino, 147 A.D.2d 926 (N.Y. App. Div. 1989). Cases Citing This Book View Copy Cite
18 citation events (6 in the last 25 years) across 4 distinct courts.
Strongest positive: Garvey v. Duncan (ca2, 2007-05-09)
Top citers, strongest first. 2 distinct citers. How cited ↗
examined Cited as authority (quoted) Garvey v. Duncan (2×)
2d Cir. · 2007 · quote attribution · 2 verbatim quotes · confidence low
although defendant objected on two occasions to receipt of such evidence, neither objection specifically questioned admissibility upon the ground now raised" and consequently claimed error "was not preserved for appellate review.
discussed Cited "see" People v. Dargento
N.Y. App. Div. · 2003 · signal: see · confidence high
In any event, contrary to defendant’s contention there is no such “six-month rule”; rather, the People must establish only that the breathalyzer instrument “was in proper working order” (People v Todd, 38 NY2d 755, 756 ; see People v Manino, 147 AD2d 926 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Larry J. Manino
Appellate Division of the Supreme Court of the State of New York.
Feb 3, 1989.
147 A.D.2d 926
1989 N.Y. App. Div. LEXIS 1153

— Judgment unanimously affirmed. Memorandum: Defendant contends on his appeal from, inter alia, a conviction for driving while intoxicated as a felony, that the results of his breathalyzer test were improperly admitted into evidence against him. We disagree. The record shows that the test was properly administered by a qualified operator, that the chemicals used in the test were correctly prepared and of the proper kind, that the breathalyzer machine had been found to be properly calibrated on its most recent analysis, 11 months prior to defendant’s arrest, and that simulated solution tests, which yielded correct results, were conducted on the day of defendant’s arrest and immediately after his test. On these facts, the jury could reasonably conclude that the breathalyzer machine used to test defendant was in proper working order; the test results were properly admitted (see, People v Freeland, 68 NY2d 699, 700). (Appeal from judgment of Ontario County Court, Henry, Jr., J. — felony driving while intoxicated; menacing.) Present— Doerr, J. P., Boomer, Pine, Balio and Lawton, JJ.