PEALER, ROBERT, PEOPLE v
KA 11-01024
| N.Y. App. Div. | Nov 18, 2011Background
- People v. Pealer; Appellate Division, Fourth Department affirmed conviction for driving while intoxicated and related offenses based on jury verdict.
- Breath test documentation (calibration and simulator solution certificates) admitted as business records to establish breathalyzer accuracy.
- Defendant challenged admission on Confrontation Clause grounds, arguing the government employees who certified the records should be cross-examined.
- Trial court admitted documents under CPLR 4518(a) as business records over objection.
- Court distinguished case from Bullcoming; breath test documents here are maintenance/verification records not directly proving guilt.
- Stop of defendant’s vehicle based on an unauthorized rear-window sticker; officer had probable cause to stop for a traffic violation and suppression was rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of breath test documents under Confrontation Clause | Pealer | Pealer | Admission upheld; not testimonial, proper as business records |
| Whether stop was unlawfully obtained due to pretext or warrants suppression | Pealer | Pealer | Stop valid; probable cause for traffic violation; suppression not warranted |
Key Cases Cited
- People v. Mertz, 68 N.Y.2d 136 (N.Y. 1986) (breathalyzer foundation requirement)
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (S. Ct. 2011) (Confrontation Clause applies to forensic laboratory reports)
- Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (S. Ct. 2009) (nontestimonial records; maintenance-type documents)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (testimonial statements subject to Confrontation Clause)
- People v. Freycinet, 11 N.Y.3d 38 (N.Y. 2008) (confrontation considerations in evidentiary documents)
- People v. Rawlins, 10 N.Y.3d 136 (N.Y. 2008) (confrontation clause considerations; documentation credibility)
- People v. Lebrecht, 13 Misc.3d 45 (N.Y. Misc. 2006) (confrontation clause and business records in DWI context)
- Damato, 79 A.D.3d 1060 (N.Y. App. Div. 2011) (breath test evidence foundation)
- People v. Brown, 13 N.Y.3d 332 (N.Y. 2009) (Constitutional confrontation concerns)
- People v. Robinson, 97 N.Y.2d 341 (N.Y. 2002) (plain-vanilla traffic-stop legality; probable cause)
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (pretextual stops and probable cause)