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People v. Brunelle

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1998
255 A.D.2d 331 (N.Y. App. Div. 1998)

Opinion

November 2, 1998

Appeal from the County Court, Putnam County (Braatz, J.).


Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Putnam County, for further proceedings pursuant to CPL 460.50 (5).

The defendant's contention that there was insufficient foundation for admission of the breathalyzer results into evidence is without merit. The test was administered by a qualified operator and certificates of calibration, analysis for ampules, and simulator solution were admitted into evidence ( see, People v. Freeland, 68 N.Y.2d 699, 700; People v. Gower, 42 N.Y.2d 117; People v. Sherwood, 160 A.D.2d 1203).

Mangano, P. J., Miller, Thompson and Luciano, JJ., concur.


Summaries of

People v. Brunelle

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1998
255 A.D.2d 331 (N.Y. App. Div. 1998)
Case details for

People v. Brunelle

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER BRUNELLE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 2, 1998

Citations

255 A.D.2d 331 (N.Y. App. Div. 1998)
681 N.Y.S.2d 285

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