New York Court of Appeals
The People of the State of New York v. Leslie G. Freeland
July 3, 198668 N.Y.2d 699
Summary
The New York Court of Appeals reversed the Appellate Division's order and remanded for a new trial, holding that the People failed to lay the requisite foundation to admit breathalyzer test results. The Court required proof that the testing device was properly functioning and that the chemicals used were correct, and found the record lacking such evidence.