Opinion
04-197, 570245/04.
Decided September 22, 2005.
Defendant appeals from a judgment of the Criminal Court, New York County, rendered September 3, 2003 after a nonjury trial (Millard Midonick, J.) convicting him of operating an overweight truck (Vehicle and Traffic Law § 385), and imposing sentence.
Judgment rendered September 3, 2003 (Millard Midonick, J.) reversed, on the law, and matter remanded for a new trial.
PRESENT: Suarez, P.J., McCooe, Gangel-Jacob, JJ.
Over defendant's objection, proof of the weight of the loaded vehicle was introduced from a hearsay document without laying a proper foundation. The weighing of large trucks is a complex procedure, and no conviction lies under this statute without a foundation of evidence establishing the accuracy of the scales ( People v. Marotta, 5 Misc2d 947), nor can there be a presumption of their accuracy ( People v. Du Shane, 125 NYS2d 9 [1953]). The Sanitation Department documents were offered into evidence by the detective who had responded to the accident scene, without any proof of chain of custody or establishment that these records were made and maintained in the regular course of business.
This constitutes the decision and order of the Court.