In People v. Fisher (2005) 9 Misc 3d 1121(A), 2005 WL 2780686 (N.Y.City Civ.Ct), 2005 NY Slip Op. 51726(U) the Court specifically determined that breath test foundational documents were not testimonial in nature.
Summary of this case from People v. MellottOctober 25, 2005.
Motor Vehicles — Operating Vehicle while Under Influence of Alcohol or Drugs — Admissibility of DWI breath test foundational documents.
In People v. Fisher (2005) 9 Misc 3d 1121(A), 2005 WL 2780686 (N.Y.City Civ.Ct), 2005 NY Slip Op. 51726(U) the Court specifically determined that breath test foundational documents were not testimonial in nature.
Summary of this case from People v. MellottFull title:PEOPLE v. FISHER (PAUL)
Court:City Court
Date published: Oct 25, 2005
"In all criminal prosecutions, the accused shall enjoy the right . . . to be confronted by the witnesses…
People v. Lenttheoretically irrelevant, was not shown to have probative value above the "slight, remote, or conjectural"…