People v. Farrell, 58 N.Y.2d 637 (1982)

The prosecution is not required to preserve breathalyzer test ampoules if the defendant fails to show the ampoule could be reanalyzed to produce material evidence and the opportunity to examine another ampoule from the same batch is provided.

Summary

The New York Court of Appeals addressed whether the prosecution was required to preserve the test ampoule used in a breathalyzer test and whether certain certificates showing the results of analyses of a sample ampoule were admissible as business records. The court held that the prosecution was not required to preserve the ampoule, as the defendant failed to show it could be reanalyzed to produce material evidence. Further, the certificates were properly admitted as business records, as they were prepared in the ordinary course of business and detailed the test results.

Facts

The defendant was arrested for driving while having .10 of one per centum or more by weight of alcohol in his blood and driving while ability impaired by the consumption of alcohol. A breathalyzer test was administered, and the ampoule used in the test was subsequently destroyed in accordance with routine practice by the New York State Police. Two and a half months after his arrest, the defendant moved for inspection of the test ampoule or dismissal of the indictment.

Procedural History

The trial court denied the defendant’s motion for inspection of the test ampoule or dismissal of the indictment. The Appellate Division affirmed the trial court’s decision. The case was then appealed to the New York Court of Appeals.

Issue(s)

1. Whether the People were required to preserve the test ampoule used in the breathalyzer test for the defendant’s inspection?

2. Whether the certificates showing the results of analyses of a sample ampoule were admissible as business records?

Holding

1. No, because the defendant submitted no evidence to show that the ampoule could have been reanalyzed to produce material evidence, and the option of examining another ampoule from the same batch, along with authentication procedures, provided adequate protection of the defendant’s due process rights.

2. Yes, because the certificates recited and uncontroverted testimony showed that the reports were prepared in the ordinary course of the New York State Police Laboratory’s business, and it is the regular course of the laboratory’s business to make such records.

Court’s Reasoning

The Court of Appeals reasoned that the prosecution’s routine destruction of the breathalyzer ampoule did not violate the defendant’s due process rights. The court emphasized that the defendant had not demonstrated that reanalysis of the ampoule would yield material evidence. Additionally, the availability of another ampoule from the same batch and the procedures for authenticating the test results provided adequate safeguards. As such, the court found no basis to require the People to preserve the test ampoule.

Regarding the admissibility of the certificates, the court applied the business records exception to the hearsay rule, citing People v. Gower, 42 N.Y.2d 117, 121. The court noted that the certificates were prepared in the ordinary course of the New York State Police Laboratory’s business, detailing the date of analysis, the individuals who conducted the tests, the materials analyzed, and the test results. The court concluded that these certificates met the criteria for admissibility as business records.

The court stated, “Thus, the trial court correctly ruled that the People were not required to preserve the test ampoule and that the option of examining another ampoule from the same batch along with the procedures required to authenticate the test results provided adequate protection of defendant’s due process rights.”