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5 New York opinions name it 5 courts 2001–2013 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Harveygreen1 sentence2013Without making an objection thereto the defendant “is assumed to have consented to its injection into the trial” (People v Harvey, 34 AD2d 857, 858 [1970]), and failed to preserve any objection to the admission of the breath test results. | 1 | 1 |
People v. Stevensgreen2 sentences2013(People v Ford, 62 NY2d 275 [1984].) While, as discussed at length hereinabove, there was no error in admitting the reference gas record, the breath test instrument maintenance record, the breath test instrument calibration record and the breath test instrument calibration/ maintenance record, even if there was, given the defendant’s assent to the admission of the breath test results, and “all the other evidence properly admitted at the trial, the admission of [these documents, if] improper, must be deemed harmless.” (People v Stevens, 76 NY2d 833, 836 [1990]; see also People v Johnson; People 2013(People v Ford, 62 NY2d 275 [1984].) While, as discussed at length hereinabove, there was no error in admitting the reference gas record, the breath test instrument maintenance record, the breath test instrument calibration record and the breath test instrument calibration/ maintenance record, even if there was, given the defendant’s assent to the admission of the breath test results, and “all the other evidence properly admitted at the trial, the admission of [these documents, if] improper, must be deemed harmless.” (People v Stevens, 76 NY2d 833, 836 [1990]; see also People v Johnson; People | 1 | 1 |
People v. Freelandgreen1 sentence2005In order to establish the foundation for the admission of the breath test result at trial (see People v Freeland, 68 NY2d 699, 700 [1986]), the prosecution offered into evidence the record of calibration/maintenance and the certification of analysis of the breath alcohol simulator solution (exhibits 1A, 2A). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. McCrary
green
1 sentence2013(See People v Nuesi, 84 AD3d 1272 [2d Dept 2011], lv denied 17 NY3d 954 [2011]; People v Bell, 286 AD2d 443 [2d Dept 2001].) Defendant’s reliance on People v Johnson ( 144 AD2d 490 [2d Dept 1988]) and People v Ayala ( 142 AD2d 147 [2d Dept 1988]) is misplaced. | 1 | 2013–2013 |
People v. Nuesi
green
1 sentence2013(See People v Nuesi, 84 AD3d 1272 [2d Dept 2011], lv denied 17 NY3d 954 [2011]; People v Bell, 286 AD2d 443 [2d Dept 2001].) Defendant’s reliance on People v Johnson ( 144 AD2d 490 [2d Dept 1988]) and People v Ayala ( 142 AD2d 147 [2d Dept 1988]) is misplaced. | 1 | 2013–2013 |
People v. Ayala
green
1 sentence2013(See People v Nuesi, 84 AD3d 1272 [2d Dept 2011], lv denied 17 NY3d 954 [2011]; People v Bell, 286 AD2d 443 [2d Dept 2001].) Defendant’s reliance on People v Johnson ( 144 AD2d 490 [2d Dept 1988]) and People v Ayala ( 142 AD2d 147 [2d Dept 1988]) is misplaced. | 1 | 2013–2013 |
People v. Johnson
green
1 sentence2013(See People v Nuesi, 84 AD3d 1272 [2d Dept 2011], lv denied 17 NY3d 954 [2011]; People v Bell, 286 AD2d 443 [2d Dept 2001].) Defendant’s reliance on People v Johnson ( 144 AD2d 490 [2d Dept 1988]) and People v Ayala ( 142 AD2d 147 [2d Dept 1988]) is misplaced. | 1 | 2013–2013 |
People v. Chambers
green
2 sentences2013(People v Ford, 62 NY2d 275 [1984].) While, as discussed at length hereinabove, there was no error in admitting the reference gas record, the breath test instrument maintenance record, the breath test instrument calibration record and the breath test instrument calibration/ maintenance record, even if there was, given the defendant’s assent to the admission of the breath test results, and “all the other evidence properly admitted at the trial, the admission of [these documents, if] improper, must be deemed harmless.” (People v Stevens, 76 NY2d 833, 836 [1990]; see also People v Johnson; People 2013(People v Ford, 62 NY2d 275 [1984].) While, as discussed at length hereinabove, there was no error in admitting the reference gas record, the breath test instrument maintenance record, the breath test instrument calibration record and the breath test instrument calibration/ maintenance record, even if there was, given the defendant’s assent to the admission of the breath test results, and “all the other evidence properly admitted at the trial, the admission of [these documents, if] improper, must be deemed harmless.” (People v Stevens, 76 NY2d 833, 836 [1990]; see also People v Johnson; People | 1 | 2013–2013 |
People v. Butler
neutral
1 sentence2013(See People v Nuesi, 84 AD3d 1272 [2d Dept 2011], lv denied 17 NY3d 954 [2011]; People v Bell, 286 AD2d 443 [2d Dept 2001].) Defendant’s reliance on People v Johnson ( 144 AD2d 490 [2d Dept 1988]) and People v Ayala ( 142 AD2d 147 [2d Dept 1988]) is misplaced. | 1 | 2013–2013 |
People v. Ford
green
2 sentences2013(People v Ford, 62 NY2d 275 [1984].) While, as discussed at length hereinabove, there was no error in admitting the reference gas record, the breath test instrument maintenance record, the breath test instrument calibration record and the breath test instrument calibration/ maintenance record, even if there was, given the defendant’s assent to the admission of the breath test results, and “all the other evidence properly admitted at the trial, the admission of [these documents, if] improper, must be deemed harmless.” (People v Stevens, 76 NY2d 833, 836 [1990]; see also People v Johnson; People 2013(People v Ford, 62 NY2d 275 [1984].) While, as discussed at length hereinabove, there was no error in admitting the reference gas record, the breath test instrument maintenance record, the breath test instrument calibration record and the breath test instrument calibration/ maintenance record, even if there was, given the defendant’s assent to the admission of the breath test results, and “all the other evidence properly admitted at the trial, the admission of [these documents, if] improper, must be deemed harmless.” (People v Stevens, 76 NY2d 833, 836 [1990]; see also People v Johnson; People | 1 | 2013–2013 |
People v. Williams
green
1 sentence2006The failure of the police officers to continuously observe defendant for at least 15 minutes before the test was carried out (10 NYCRR 59.5 [b]) goes only to the weight to be afforded the test result, not its admissibility (People v Terrance, 120 AD2d 805 [1986]; People v Williams, 96 AD2d 972 [1983], revd on other grounds 62 NY2d 765 [1984]; People v Lebrecht, 13 Misc 3d 45 [App Term, 9th & 10th Jud Dists 2006]; People v Grasso, NYLJ, Feb. 7, 2002, at 22, col 3 [App Term, 9th & 10th Jud Dists]). | 1 | 2006–2006 |
People v. Lebrecht
green
1 sentence2006The failure of the police officers to continuously observe defendant for at least 15 minutes before the test was carried out (10 NYCRR 59.5 [b]) goes only to the weight to be afforded the test result, not its admissibility (People v Terrance, 120 AD2d 805 [1986]; People v Williams, 96 AD2d 972 [1983], revd on other grounds 62 NY2d 765 [1984]; People v Lebrecht, 13 Misc 3d 45 [App Term, 9th & 10th Jud Dists 2006]; People v Grasso, NYLJ, Feb. 7, 2002, at 22, col 3 [App Term, 9th & 10th Jud Dists]). | 1 | 2006–2006 |
Sukljian v. Charles Ross & Son Co.
green
1 sentence2006The failure of the police officers to continuously observe defendant for at least 15 minutes before the test was carried out (10 NYCRR 59.5 [b]) goes only to the weight to be afforded the test result, not its admissibility (People v Terrance, 120 AD2d 805 [1986]; People v Williams, 96 AD2d 972 [1983], revd on other grounds 62 NY2d 765 [1984]; People v Lebrecht, 13 Misc 3d 45 [App Term, 9th & 10th Jud Dists 2006]; People v Grasso, NYLJ, Feb. 7, 2002, at 22, col 3 [App Term, 9th & 10th Jud Dists]). | 1 | 2006–2006 |
People v. Williams
green
1 sentence2006The failure of the police officers to continuously observe defendant for at least 15 minutes before the test was carried out (10 NYCRR 59.5 [b]) goes only to the weight to be afforded the test result, not its admissibility (People v Terrance, 120 AD2d 805 [1986]; People v Williams, 96 AD2d 972 [1983], revd on other grounds 62 NY2d 765 [1984]; People v Lebrecht, 13 Misc 3d 45 [App Term, 9th & 10th Jud Dists 2006]; People v Grasso, NYLJ, Feb. 7, 2002, at 22, col 3 [App Term, 9th & 10th Jud Dists]). | 1 | 2006–2006 |
People v. Orpin
neutral
1 sentence2005(People v Orpin, 8 Misc 3d 768 [Irondequoit Just Ct 2005].) During his case-in-chief, the prosecutor sought to introduce certain documents certified as business records pursuant to CPLR 4518 (c) to establish the requisite foundation for the admission of the breath test results. | 1 | 2005–2005 |
People v. Manino
green
1 sentence2001Consequently, the so-called ‘six-month rule’ no longer exists, if it ever did.” Lastly, the People cite People v Manino ( 147 AD2d 926 [4th Dept 1989]) in which the court allowed the admission of the breath test results when the instrument had been calibrated 11 months before. | 1 | 2001–2001 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.