People v. Jones, 43 N.Y.2d 110 (1977)
Certificates offered to establish the proper functioning of breathalyzer equipment and the accuracy of chemical solutions used in the tests are inadmissible hearsay unless they fall within a recognized exception to the hearsay rule, such as the business records exception.
Summary
This case addresses the admissibility of certificates used to demonstrate the proper functioning of breathalyzer equipment and the accuracy of the chemical solutions utilized in breathalyzer tests. The Court of Appeals held that these certificates, offered to lay a foundation for breathalyzer test results, were inadmissible hearsay because they did not qualify as business records under CPLR 4518 or any other hearsay exception. The court suggested that establishing a standardized testing procedure with contemporaneous record-keeping could satisfy CPLR 4518. The court also noted that with the widespread use and demonstrated reliability of breathalyzers, a relaxation of the initial rigorous foundational requirements may be appropriate, shifting the focus to the persuasive weight of the evidence.
Facts
The prosecution sought to introduce certificates to show that breathalyzer equipment was in proper working order and that the ampoules used contained properly compounded chemicals. These certificates, signed by various individuals from the State Police scientific laboratory, the Stiefel Research Institute, and Wilson Memorial Hospital, certified the results of analyses of ampoules and simulator solutions. The certificates were offered to support the admissibility of breathalyzer test results in drunk driving cases.
Procedural History
The County Court, Broome County, convicted the defendants of violating subdivision 2 of section 1192 of the Vehicle and Traffic Law. The defendants appealed, arguing that the certificates used to lay the foundation for the breathalyzer test results were inadmissible. The Court of Appeals reviewed the case to determine the admissibility of these certificates.
Issue(s)
Whether certificates offered to show that breathalyzer equipment was in proper working order and that the ampoules used contained properly compounded chemicals are admissible as evidence to lay a foundation for the introduction of breathalyzer test results.
Holding
No, because the certificates did not fall within the scope of CPLR 4518 (the business records exception to the hearsay rule), nor did they otherwise fall within any recognized exception to the hearsay rule.
Court’s Reasoning
The Court reasoned that the certificates were inadmissible hearsay because their source was not shown to be records made in the regular course of business of the issuing agencies, as required by CPLR 4518. The Court emphasized that the certificates did not fall within any recognized exception to the hearsay rule. To meet the requirements of CPLR 4518, the Court suggested that testing agencies or corporations establish standardized testing procedures with contemporaneous record-keeping, including details such as date, tester, material tested, tests conducted, and results. Such records would then qualify as business records. The Court also addressed the evolving understanding and acceptance of breathalyzer technology, suggesting that a relaxation of the initial rigorous foundational requirements may be appropriate. The Court stated: “Based on a wealth of practical experience greater dependence can now properly be placed on according full opportunity, through pretrial discovery and other means, to test and challenge the probative worth of the evidence. Thus, emphasis may be shifted from technical issues of admissibility of evidence to means for measuring its persuasive weight.” However, the Court declined to set precise guidelines, noting that the requirements in each case would depend on its particular circumstances. The court did not address whether authentication of certificates of analysis of ampoules by the Director of the New York State Police Scientific Laboratory would suffice under CPLR 4518(c), leaving resolution of that issue for a future case with a more fully developed record.