New York Court of Appeals

The People of the State of New York v. Robert Pealer

February 19, 201320 N.Y.3d 447

Summary

The New York Court of Appeals held that the calibration and maintenance records of the breathalyzer machine used in the defendant's DWI case are nontestimonial and therefore not subject to the Confrontation Clause, affirming the Appellate Division’s order. The Court based its analysis on Crawford, Melendez‑Diaz, Rawlins and related precedent, treating the documents as business records. The Court also affirmed that no reversible error existed on any other issues. Separate opinions include Judge Pigott’s partial dissent on the reasonableness of the traffic stop and Judge Smith’s concurrence replying to that dissent.