From Casetext: Smarter Legal Research

People v. Zigles

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1986
116 A.D.2d 610 (N.Y. App. Div. 1986)

Opinion

January 13, 1986

Appeal from the County Court, Suffolk County (Harris, J.).


Judgments affirmed.

There is ample evidence in the record to support the defendant's conviction under Vehicle and Traffic Law § 1192 (2). The result of his breathalyzer test, which was admitted into evidence, demonstrated that his blood alcohol content was well in excess of the statutory limit. The prosecution clearly demonstrated that the officer who administered the test was qualified to do so, and that the test was properly performed in accordance with existing regulations. It was also established that the chemicals used were of the proper kind and mixed in the proper proportions. Accordingly, there was a sufficient basis for admitting the breathalyzer test result into evidence (see, People v Gower, 42 N.Y.2d 117; People v Donaldson, 36 A.D.2d 37). The defendant failed to raise any doubts concerning the accuracy and reliability of the breathalyzer's operation. Thus, we find that the evidence was sufficient in quality and quantity to justify the jury's finding of guilt beyond a reasonable doubt (see, People v Gruttola, 43 N.Y.2d 116, 122).

We have examined the defendant's remaining contentions and find them to be either unpreserved or without merit. Gibbons, J.P., Thompson, Brown and Eiber, JJ., concur.


Summaries of

People v. Zigles

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1986
116 A.D.2d 610 (N.Y. App. Div. 1986)
Case details for

People v. Zigles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT ZIGLES…

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

Date published: Jan 13, 1986

Citations

116 A.D.2d 610 (N.Y. App. Div. 1986)

Citing Cases

People v. Mertz

The cases in which the question has been considered so far in New York have not been consistent in their…