People v. Capia

1 Citing case

  1. People v. Kenny

    2005 N.Y. Slip Op. 51395 (N.Y. Crim. Ct. 2005)

    Whereas the People argue that " expressio unius est exclusio alterius," the plain meaning of the statute provides, in English, that "the breathalyzer test results are admissible provided that the breathalyzer test was administered either within two hours after the arrest or within two hours after the breath test" ( See, VTL § 1194[a][1], [2]; People v. Zawacki, ( 244 AD2d 954 [4th Dept 1997]). The Appellate Division, Second Department recently denied a defendant's appeal because the chemical test was administered "within two-hours" ( People v. Capia, 95 NY2d 851 [App. Den. 2nd Dept 2000]).