Opinion
No. 11020266.
2014-02-12
PEOPLE of the State of New York v. John A. DiROSE, Defendant.
The electronic documents at issue herein are admissible. They satisfy the requirements of CPLR 4518(a). Furthermore they are all accompanied by a certification as required by CPLR 4518(c). Each of the documents, including the certifications, contains an electronic signature in accordance with the State Technology Law. Neither the Civil Practice Law and Rules nor the State Technology Law requires a raised seal on the breath test documents in order to make them admissible into evidence. Therefore the defendant's motion in limine requesting that the breath test documents be suppressed for failure to bear a raised seal is hereby denied. This constitutes the decision and order of this court.